Merrill v. United Air Lines, Inc.

CLARK, Circuit Judge.

This action brought under the Wyoming wrongful death statute (Wyoming Code Civ.Proc. §§ 3-403, 3-404) in the diversity jurisdiction of the court below arises out of a fatal airplane crash occurring on October 6, 1955, when defendant United Air Lines’ DC-4 airplane struck Medicine Bow Peak in Wyoming. Plaintiff is executor of the estate of John B. Merrill, deceased, and administrator of the estate of Ann T. Merrill, deceased, both of which decedents were passengers on the fatal flight. At trial before a jury the plaintiff claimed that the accident was caused by the…