Legal Opinion

Lorene M. Swain, as of the Last Will and Testament of William T. Swain, Deceased v. Boeing Airplane Company, Defendant-Respondent

Court of Appeals for the Second Circuit

Decided October 27, 1964No. 28843_1PublishedCited by 33 opinions

1Opinion of the Court

FRIENDLY, Circuit Judge.

The personal representatives of five American Airlines employees, killed in a training flight of a Boeing 707-123 jet airplane over Long Island in 1959, brought actions for wrongful death against the Boeing Airplane Company in the District Court for the Southern District of New York' — federal jurisdiction being predicated on diverse citizenship. Plaintiffs contended that the initial design of the tail, rudder and rudder controls of the airplane was defective; and that Boeing was liable for negligence in design and for failure to give adequate warning of the…

2Cases cited4 opinions

  1. Goldberg v. Kollsman Instrument Corp.New York Court of Appeals · 1963
  2. Downie v. PowersCourt of Appeals for the Tenth Circuit · 1951
  3. C. David Swift, Administrator of the Estate of Berl B. Cantrell, Deceased v. Southern Railway CompanyCourt of Appeals for the Fourth Circuit · 1962
  4. Harvel H. Cosper and Stella Cosper v. Southern Pacific Company, a CorporationCourt of Appeals for the Ninth Circuit · 1961

3Cited by33 opinions

  1. Hamling v. United StatesSupreme Court of the United States · 1974
  2. United States v. Fred FernandezCourt of Appeals for the Second Circuit · 1972
  3. Procter & Gamble Manufacturing Co. v. LangleyCourt of Appeals of Texas · 1967
  4. Ruth Hetzel v. Jewel Companies, Inc.Court of Appeals for the Seventh Circuit · 1972
  5. R. William BENTLEY, Plaintiff-Appellant, v. STROMBERG-CARLSON CORPORATION, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1981

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