McCallum v. Executive Aircraft Co.

CAVE, Judge.

This is an action to recover damages to an airplane owned by respondent-plaintiff. Trial to a jury resulted in a verdict and judgment in favor of the plaintiff for $6,-000, and defendant appealed.

The cause was submitted to the jury on the theory that the defendant, at plaintiff’s request, sent its employee to inspect and repair the propeller of plaintiff’s plane; that said agent performed work on the same and released the plane for flight, representing to plaintiff that the propeller was airworthy and safe for flight; that plaintiff relied upon said representation and undertook to…