Montijo v. Samuel Goldwyn, Inc.

In 1925 appellant was the owner of a four-passenger cabin airplane of the biplane type. Respondent was engaged in producing moving pictures. In the fall of 1925 respondent was filming a picture known as “Partners Again”, one of a “Potash and Perlmutter” series. The plot of the story included an act which involved an airplane and an automobile rushing toward each other at rapid speeds with the airplane avoiding a collision by zooming over the automobile and just missing it. This was characterized as a “stunt” which was intended to give a “thrill” to an audience by the apparent and actual…