McPherson v. Klemin

Merrell, J. (dissenting).

Plaintiff, in his complaint, alleges that on October 7, 1932, he engaged the defendant to design an airplane for plaintiff’s use and to prepare drawings and stress analyses for the construction of such airplane. Plaintiff alleges that the defendant was negligent and unskillful in rendering performance in that the defendant’s design was of an airplane unsuitable for flight through the air and that thereby the plaintiff suffered damages. The amended answer of the defendant denies any negligence or lack of skill on his part, and, by way of defense, the defendant pleads…