Pilgrim v. Osburn

Smith, Judge.

This is an action for damages incurred in the crash of a private airplane. The pilot was killed and appellant, alleging gross negligence, seeks to recover from the pilot’s estate. The jury found for the estate. Appellant recites as error the trial court’s denial of his motion for a new trial, contending that the court erred in its charge to the jury. We reverse.

The parties stipulated that appellant was a guest passenger in the airplane. The testimony was to the effect that appellant was invited to accompany the pilot on an Atlanta-Ft. Myers, Florida round trip flight. Appellant…