Lobel v. American Airlines, Inc.

CLARK, Circuit Judge.

This is the second appearance before us of this action by a passenger in defendant’s airplane for personal injuries sustained in a crash of the plane, apparently because of engine trouble, at Michigan City, Indiana, on December 28, 1946. The first ap peal was by defendant from a verdict and judgment of $35,000 for plaintiff. In the first trial plaintiff had relied upon the doctrine of res ipsa loquitur, and we reversed and remanded for errors in the charge as to this doctrine. Lobel v. American Airlines, 2 Cir., 192 F.2d 217, certiorari denied 342 U.S. 945, 72 S.Ct. 558,…