Elaine L. Klicker and Robert A. Klicker v. Northwest Airlines, Inc.

The Klickers sued Northwest Airlines, Inc. (“Northwest”) for the “wrongful death” of Sir Michael Robert, the Klickers’ valuable golden retriever, caused by Northwest’s negligent carriage of the animal. On July 20, 1971, the Klickers flew on Northwest from Minneapolis, Minnesota, where Michael was training for championship field trials, to Billings, Montana. Northwest required the Klickers to ship Michael in the cargo hold as “excess baggage.” The Klickers informed Northwest of Michael’s value (alleged to be $35,000), but they were not permitted to declare that value nor to pay additional charges for carriage of the dog based on a declared valuation. Northwest demanded and received twice the ordinary excess baggage charge to ship the dog. The parties stipulated that Michael’s death was caused by Northwest’s negligence in transporting him.

In defense, Northwest relied on three tariff rules which, variously, fully exculpate it from any liability for its negligence, or limit its liability to $500 or $5,000, respectively. The district court held that Northwest’s liability was limited to $5,000 and entered judgment in that sum for the Klickers. Both sides appeal. The Klickers contend…