Marmon v. Mustang Aviation, Inc.

NORVELL, Justice.

This is an action for the wrongful deaths of Ernest F. Marmon, Max E. Green, Max W. McNeil and George G. Sherry, who lost their lives when an airplane crashed into a mesa near the town of Kim in southeastern Colorado. The controlling question, as stated by the Court of Civil Appeals, “is whether the law of Colorado, the place of the accident, or the law of Texas, the place of trial, shall be followed and applied.” We are confronted with a problem of stare decisis and hold that the Colorado law applies.

The case was tried upon agreed facts and a complete and accurate statement…