Legal Opinion

Shephard v. Graham Bell Aviation Service, Inc.

New Mexico Supreme Court

Decided April 22, 1952No. 5470PublishedCited by 19 opinions

1Opinion of the Court

McGHEE, Justice.

During a violent windstorm the plaintiff’s airplane broke away from its moorings where the 'defendant had secured it- as a part of its storage arrangement with the plaintiff. The airplane was destroyed except for a small junk value and the trial court awarded judgment for its value.

The Civil Aeronautics Authority had given ample warning the vicinity would be visited by very heavy winds on the evening and night the plane was destroyed. The defendant’s employees had tied the plane down with a “single tie” which proved insufficient to hold it.

The crucial findings of fact made by…

2Cases cited1 opinion

  1. Lea County Fair Ass'n v. ElkanNew Mexico Supreme Court · 1948

3Cited by19 opinions

  1. Bouldin v. SategnaNew Mexico Supreme Court · 1963
  2. Alamo Airways, Inc. v. BenumNevada Supreme Court · 1962
  3. Naxera v. WathanSupreme Court of Iowa · 1968
  4. Ballenger v. TillmanMontana Supreme Court · 1958
  5. Olan Mills, Inc. v. Cannon Aircraft Executive Terminal, Inc.Supreme Court of North Carolina · 1968

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