Arrow Aviation, Inc., a Corporation v. Harry H. Moore and Socony Mobil Oil Co., a Corporation

VAN OOSTERHOUT, Circuit Judge.

Defendant appeals from judgment for plaintiff for damages sustained as a result of the crash of defendant’s airplane in which plaintiff was riding as a fare-paying passenger. Jurisdiction based upon diversity of citizenship is established.

Plaintiff in his complaint asserted that defendant is an air transportation common carrier; that plaintiff engaged defendant to transport him by air from Lincoln, Nebraska, to Kansas City, Missouri; that the flight was made in defendant’s Model 140 Cessna airplane; that plaintiff’s injuries were brought about by the crash of…