Pemberton v. Barber

This is an appeal from an order granting a new trial to plaintiff after a jury verdict for the defendant in an action for property damage to an airplane. The order granting the new trial was made on the ground “. . . of the insufficiency of the evidence to sustain the verdict. ...”

The plaintiff, Roy Pemberton, is a Cessna aircraft dealer in Bakersfield who leases, rents and sells airplanes. The defendant, James Walter Barber, had been taking flying lessons from Pemberton in order to qualify for his pilot’s license; after a course of instruction, while defendant was still a student pilot, he…