MacKey v. Miller

This appeal concerns a midair collision of an airplane owned and operated by John D. Miller, the defendant, with an aircraft operated by Horace E. Mackey and owned by Mackey and his wife, Frances N. Mackey. Sitting without a jury, the trial court heard evidence, determined both pilots were guilty of negligence, and entered judgments for Miller in actions brought by the Mackeys for property damage to their aircraft and by Horace Mackey for personal injuries sustained in the midair collision. The dispositive issue in this appeal is whether Horace Mackey was guilty of contributory negligence and…