WARSAW CONVENTION : Victoria Sales Corp. v. Emery Air Freight Inc., 917 F.2d 705 (2d Cir. 1990); Recovery of money damages afforded under article 18 of the Warsaw Convention does not extend to loss of cargo outside the physical boundaries of an airport . In re Air Disaster At Lockerbie, Scotland (Rein v. Pan American World Airways, Inc.), 928 F.2d 1267 (2d Cir.), cert. denied, 112 S. Ct. 331 (1991); Punitive damages are not recoverable under article 17 of the Warsaw Convention even in the case of willful misconduct by an airline. C. Sulewski v. Federal Express Corp., 933 F.2d 180 (2d Cir. 1991 ); For the purposes of article 17 of the Warsaw Convention a ''passenger" is a person who is: 1) transported pursuant to a contract for carriage and 2) traveling for the simple pleasure of traveling or simply to get from one location to another. In re Air Crash Disaster Near Warsaw, Poland, 760 F. Supp. 30 (E.D.N.Y. 1991); The "destination" of the passenger for the purposes of establishing subject matter jurisdiction under the Warsaw Convention can be other than that stated on the ticket, depending on the intended destination of the passenger
"1990-91 Survey of International Law in the Second Circuit,"
Syracuse Journal of International Law and Commerce: Vol. 18
, Article 8.
Available at: http://surface.syr.edu/jilc/vol18/iss1/8