Zanker v. Cedar Flying Service, Inc.

Hilton, Justice.

Plaintiff seeks recovery for the value of his “Piper Cub” airplane which was destroyed by a windstorm at defendant’s flying field while in the possession of the defendant as a bailee. Plaintiff- had a verdict, and defendant appeals from an order denying its blended motion for judgment or a new trial.

Two questions are presented by the appeal: (1) Was defendant entitled to judgment notwithstanding the verdict; and (2) did the court err in instructing the jury on the burden of proof?

Defendant was in possession of the plane under an arrangement which amounted to a bailment, and…