Allison v. Standard Air Lines, Inc.

SAWTELLE, Circuit Judge.

This was an action for damages brought by the appellant, as administrator, against the appellee, for the accidental death of Thomas J. Kelly, in an airplane crash near Banning, Cal., on March 30, 1929.

Kelly was a passenger in the plane, which was owned and was being operated by the appellee. The machine was flying from Los Angeles, Cal., to El Paso, Tex.

While navigating in the fog, several miles off its regular course, the airplane crashed into a mountain near Banning, and the pilot and Kelly and the other passengers were killed.

The complaint alleged, in general terms,…