Bird v. Louer

Mr. Presiding Justice Matchett

delivered the opinion of the court.

In an action on the ease, upon trial by the court without a jury, there was a finding for defendant and judgment thereon which plaintiff as administrator seeks to reverse by this appeal.

The amended declaration was in eight counts, plaintiff relying, however, upon only the first and the fifth. The first averred in substance that defendant was the owner of and he and his agents, servants and employees operated and used a certain aeroplane in carrying passengers from one airport or landing field into the air and returning to the…