Herndon v. Gregory

The only question involved in this case is; Does the complaint state a cause of action?

As shown by the majority opinion, the complaint alleges that W. N. Gregory and W. N. Gregory, Jr., were negligent, and that their negligence caused the death of Glen E. Herndon. It alleges that Herndon was a passenger on the airplane that was owned and operated by the Gregorys, and that Herndon knew absolutely nothing about the management or control of an airplane. The complaint alleges that because of the negligence of the Gregorys said airplane fell, crashed to the ground, caught fire and burned, and that…