Whittemore v. Lockheed Aircraft Corp.

THE COURT.

This is an action for damages brought by the wife of Fred W. Whittemore, deceased, who came to his death in the crash of an airplane. Plaintiff appeals from a judgment of nonsuit. The sole question on the appeal depends on the character in which deceased traveled, whether as a guest (meaning a “nonpaying” guest), or as a passenger (meaning one who is not a nonpaying guest and who is not engaged in a joint enterprise).

The controlling law relating to liability is that declared in section 11% of the California Air Navigation Act, which reads as follows: “No guest riding in or upon any…