Mrs. Fannie Lazarus v. Eastern Air Lines, Inc.

WILBUR K. MILLER, Chief Judge.

At Atlanta, Georgia, about one o’clock in the morning, Mrs. Fannie Lazarus, a seasoned air traveler, boarded an Eastern Air Lines plane bound for New Orleans. The interior of the plane was dimly lighted, presumably because some of the passengers were asleep. Mrs. Lazarus immediately called for a cup of tea, which was served to her not earlier than 1:15 a. m. The stewardess put a pillow on her lap and then placed thereon a tray with a container of hot tea. Soon thereafter the tea was spilled on appellant’s person.

She sued Eastern Air Lines, alleging that “due to…