Legal Opinion

Smith v. Pennsylvania Central Airlines Corporation

District Court, District of Columbia

Decided April 14, 1948No. Civ. 5145-47, 39-48PublishedCited by 22 opinions

1Opinion of the Court

HOLTZOFF, Associate Justice.

These cases present the question whether the doctrine of res ipsa loquitur applies to an action to recover damages for wrongful death of a passenger killed in the wreck of a transport airplane operated as a common' carrier.

It appears from the complaints that on June 13, 1947, the two decedents were passengers for hire, traveling from Pittsburgh, Pennsylvania, to Washington, D. C., on an airplane operated by the defendant, Pennsylvania Central Airlines Corporation, as a common carrier. The airplane crashed into a mountain in West Virginia. The decedents died as a…

2Cases cited29 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
  4. Sweeney v. ErvingSupreme Court of the United States · 1913
  5. Johnson v. United StatesSupreme Court of the United States · 1948

24 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. United Air Lines, Inc. v. Janice Wiener and Catherine B. Nollenberger (Excluding Faith C. Paris), United States of America v. Janice WienerCourt of Appeals for the Ninth Circuit · 1964
  2. Sheldon E. Pangburn v. Civil Aeronautics BoardCourt of Appeals for the First Circuit · 1962
  3. Niosi v. AielloDistrict of Columbia Court of Appeals · 1949
  4. Cudney v. Midcontinent Airlines, Inc.Supreme Court of Missouri · 1953
  5. Joffre v. Canada Dry Ginger Ale, Inc.Court of Appeals of Maryland · 1960

17 more not listed; retrieve them via the Exa API.

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