Legal Opinion · Dissent

C. B. Brown v. American Airlines, Inc., and Delta Air Lines, Inc.

Court of Appeals for the Fifth Circuit

Decided May 9, 1957No. 16318_1Published

1DissentRives, Circuit Judge

Mrs. Brown was 52 years old, certainly not aged or infirm, in apparent good health, able to move about alone. The time was 1:05 P.M. and the area inside and outside the plane was well lighted. There was no defect in the plane or in the ramp.

No good reason appears why the rule applicable to airplanes should not be analogous to the one often applied to trains, and which is thus stated by the Court of Civil Appeals of Texas:

“We understand the general rule in such cases to be that it is the duty of the carrier to furnish safe appliances and facilities for alighting from the train and give the…

2Cases cited2 opinions

  1. Mrs. Fern W. Reuter v. Eastern Air Lines, Inc.Court of Appeals for the Fifth Circuit · 1955
  2. Lattimer v. Texas & Pac. Ry. Co.Court of Appeals of Texas · 1937

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