In Re Estate of Rivers

The opinion of the court was delivered by

Smith, J.:

This was a claim filed in probate court by the owner of two airplanes for the recovery of their value from the estate of the deceased, who claimant alleged negligently flew the plane he was piloting, so that it collided with another plane, also the property of plaintiff, destroying them both. Judgment was entered for defendant sustaining a demurrer to the evidence of claimant. Claimant has appealed.

The claim was originally filed in probate court and transferred to the district court. There a third amended petition was filed. It alleged…