UNITED STATES

v.

CHAMBERLAIN WHOLESALE GROCERY CO. ET AL.

Citator

Cited By (28 total)

• Brown v. Bullock, 294 F.2d 415 (2d Cir. 1961)
  …& Western Air, Inc., 2 Cir., 1951, 187 F. 2d 122, 124-25 and footnote 2, 23 A.L.R.2d 1349, certiorari denied 1951, 341 U.S. 951, 71 S.Ct. 1020, 95 L.Ed. 1374; Grey v. American Airlines, Inc., 2 Cir., 1955, 227 F. 2d 282, 285, certiorari denied 1956, 350 U.S. 989, 76 S.Ct. 476, 100 L.Ed. 855. Plainly the complaint charges that; indeed, at least when read with the required liberality, Conley v. Gibson, 1957, 355 U.S. 41, 47-48, 78 S.Ct. 99, 2 L.Ed.2d 80; Beacon Theatres, Inc. v. Westover, 1957, 359 U.S. 500,…
• Berner v. British Commonwealth Pac. Airlines, Ltd., 346 F.2d 532 (2d Cir. 1965)
  …make it must have been so obvious that in failing to make it his conduct would be reckless, rather than merely negligent.* ” (Id. at 125 (footnote omitted).) Then, in Grey v. American Airlines, Inc., 227 F. 2d 282, 285 (2d Cir. 1955), cert. denied, 350 U.S. 989, 76 S.Ct. 476, 100 L.Ed. 855 (1956), Judge Medina “in accordance with precedent” approved a charge requiring “proof of ‘a conscious intent to do or omit doing an act from which harm results to another, or an intentional omission of a manifest duty.…
• DeMARINES v. KLM Royal Dutch Airlines, 580 F.2d 1193 (3d Cir. 1978)
  …iffs argued that the district court should have charged that the burden of proof as to ticket delivery was on the defendant. The district court held to the contrary, citing Grey v. American Airlines, Inc., 227 F. 2d 282 (2d Cir. 1955), cert. denied, 350 U.S. 989, 76 S.Ct. 476, 100 L.Ed. 855 (1956), which expressly held that plaintiffs had the burden of proof with respect to the willful misconduct (another basis for avoiding the liability limitation) of the carrier. Reasoning by analogy, the court in Mertens…