AMERICAN AIRLINES V. ULEN
186 F.2d 529 (1949)
NATURE OF THE CASE: This was a personal injury action.
FACTS: Ulen (P) were passengers on a plane that crashed. The plane belonged to American
Airlines (D). P sued D and D admitted the facts but denied negligence. Interrogatories were
sent to D and with those answers P filed a motion for summary judgment. Those
interrogatories revealed that D had its plane fly on a flight path that was in violation of
Civil Air Regulation 61.7401 regarding flight of at least 1,000 feet over the highest
obstacles in the flight path. It was clear from the interrogatories that D's plane was
flying in violation of that rule D filed an amended answer that limited the total recovery
to $8,291.87 under the Warsaw convention. The motion for summary judgment was granted and
the case was assigned to a jury to determined damages. P won the verdict. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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