## Facts

- Patrick Dalton arranged a through international air shipment of five greyhound racing dogs from Shannon, Ireland to Miami, Florida.
- Irish Airlines carried the dogs from Shannon to Boston; Delta Air Lines carried them from Boston to Miami.
- The dogs arrived in Boston in good condition, were boarded overnight by the shipper’s agent, and were delivered to Delta in good condition the next day.
- On arrival in Miami, the dogs were discovered dead; an autopsy indicated they suffocated, and the carcasses were destroyed.
- Dalton sought $60,000 in compensatory and exemplary damages based on the dogs’ value and alleged lost income from racing them.
- The parties agreed the claim was governed by the Warsaw Convention.
- Dalton filed suit within the Convention’s two-year limitations period but provided written notice of the claim to Delta on the 20th day after arrival.

## Issues

1. Whether Warsaw Convention Article 26’s seven-day written-notice requirement for cargo “damage” applies when the goods are totally destroyed during international air carriage, thereby barring suit despite timely filing under Article 29.

## Decision

- The Fifth Circuit reversed the district court’s summary judgment for Delta.
- The court held Article 26’s written-notice requirement does not apply to total destruction (treated as loss), so failure to give notice within seven days did not bar the action.
- The case was remanded for further proceedings.

## Legal Principles

- Under the Warsaw Convention, Article 26 governs written notice for cargo damage or delay, not total loss or destruction.
- Total destruction of goods is treated analogously to “loss” addressed elsewhere in the Convention, for which Article 26 notice is not a condition precedent to suit.
- Article 26’s purpose is to provide prompt warning to permit investigation where damage may not be apparent; that rationale is not served when the carrier already knows of the destruction.
- A timely action filed within Article 29’s two-year limitations period is not defeated by lack of Article 26 notice in a total-destruction case, particularly where the carrier had actual notice.

## Conclusion

The court held that when cargo is completely destroyed in international air transportation, the Warsaw Convention does not require the shipper to give Article 26 written notice as a prerequisite to suit; the claim may proceed if filed within Article 29’s two-year period.


Dalton v. Delta Air Lines, Inc., 570 F.2d 1244 (5th Cir. 1978)