American Airlines, Inc. v. John H. Marchant

This is an appeal from a judgment for the plaintiff on a complaint originally filed in a state court, and removed, on petition of the defendant, to the United States District Court for the District of Rhode Island on the ground of diversity of citizenship. Appeal was also taken from the denial of motions under Rule 50(b), Fed.Rules Civ.Proc., 28 U.S.C.A.

There seems to be no doubt that appellee, a paying passenger in an airplane owned and operated by American Airlines, Inc., suffered painful physical injury by the rupture of his right ear drum during a period while the plane was rapidly…