Noel v. Linea Aeropostal Venezolana

CASHIN, District Judge.

Marshal L. Noel was a passenger on an ' aircraft, owned and operated by the defendant, en route from New York, N. Y. to Caracas, Venezuela, when the aircraft crashed into the -ocean causing his death. His widow brought the present suit as a civil action under the federal Death On The High Seas Act, 41 Stat. 537, 46 U.S.C. §§ 761-767, 46 U.S.C.A. §§ 761-767, for death resulting from the wrongful acts, neglect, default and wilful misconduct of the defendant. (Although the complaint does not so state, it is assumed, for the purpose of this motion, that the occurrence…