Atlantic Aircraft Corp. v. English

PEARSON, Judge.

The defendants appeal a final judgment for plaintiffs. The judgment was based upon a jury verdict and the basic question presented on appeal is whether the evidence is sufficient to sustain the verdict. We hold that the evidence is insufficient to establish a prima facie case of liability and that the trial judge erred when he denied appellants’ motion for a new trial on that ground.

Plaintiffs’ complaint sought recovery for damage to an aircraft owned by plaintiffs. The complaint alleged:

“ * * * defendants or their agents * * * negligently carelessly or recklessly operated,…