Margaret Catherine Chapman v. Hawthorne Flying Service

TUTTLE, Chief Judge.

This is an appeal from the grant of a motion for summary judgment. The suit was for damages for the death of appellant’s husband, which occurred as a result of a plane crash in an airplane owned by Chapman, in which the appellant claims her husband was receiving flying instructions from a representative of the appellee flying service.

Testimony on the trial of the case directed towards establishing a relationship of master and servant between Hawthorne Flying Service and Olin Daggen-hart, the pilot on the ill-fated flight, was extremely tenuous. The appellee contends, and…