Liability Problems of Air Cargo Carriage

Abstract

Air transportation of cargo had its beginning at about the same time as did air transportation of passengers. On November I4, 1919, the American Railway Express sponsored a cargo plane flight which was unsuccessful because of a forced landing; however, this unfortunate experiment was followed by successful operations of the Ford Motor Company in I925 and the American Railway Express in I927.1 Further development in this field of aviation was stimulated by the transfer of the air mail service to carriers, and in the early I930's several major airlines took an active part in the transportation of property by air, but unfortunately found there was insufficient traffic to pay expenses.2 There was continued activity in this field of aviation, but it was not until the end of World War II that the transportation of air cargo consisted of anything except small express shipments. American Air Lines was a pioneer in providing extensive freight service, beginning on October 15, I944, and in the next two years was followed by a majority of the other major airlines and several noncertificated cargo carriers.3 In I946 the carriers carried an estimated fifty million ton miles, three times as much as was hauled during the six preceding years.4 From the very beginning of shipments of property by air the carriers have imposed a limitation on their liability. The Ludington Airlines and the General Air Express in the early I930's limited their liability to the declared value of shipments carried by them.5 The American Railway Express, the only carrier maintaining continued operations in this field down through the years, in the operation of its express service in interstate commerce has transported goods on the Air Express Receipt, limiting its liability to the declared value of any shipment it accepts.6 This was followed by the United Airlines in filing its first tariffs on February i, I946.7 Shipments were accepted subject to a released valuation not exceeding $50 for shipments of Ioo pounds or less, or 50 cents per pound for shipments in excess of ioo pounds, with the shipper having the opportunity of declaring a value in excess of the above amounts and paying an additional io cent charge for each $Ioo or fraction thereof above the released value. This procedure was in turn adopted by the other carriers.8 There is little statutory or case law on damage claims for injury in aircraft acci* Member of the District of Columbia bar. Chairman of the Aeronautical Law Committee of the American Bar Association. ' SORRELL, PROSPECTIVE CARGO TRAFFIC, PROSPECTS AND PROBLEMS IN AVIATION (1945). 2 Frederic and Lewis, History of Air Express, I2 J. AIR L. AND COM. 203 (1944). Torgerson, History of Air Freight Tariffs, I5 J. AIR L. AND COM. 47 (1948). 4 Drew and Passen, Air Cargo: A New Force in Marketing, 14 J. AIR L. AND COM. II (I947). 5 Frederic and Lewis, supra note 2, at 210, 222. 6Anderson, Liability of Air Carriers, I3 J. AIR L. AND COM. 28I (1942). 7Torgerson, supra note 3, at 50. 8 Ibid.