Kernek v. Masterson

Judge Cammack

Reversing.

The appellee’s son, Tommy Masterson, was a student pilot at a flying school operated by the appellant. While on a solo flight a plane flown by Masterson crashed, resulting in his death. This action was instituted by his administratrix on the theory that the crash was occasioned by the negligent failure of Kernek to properly refuel the plane after a previous flight.

From a judgment of $8,000 Kernek has appealed, seeking its reversal on the grounds that: (1) the court, *827erred in failing to direct a verdict in his favor; and (2) the court erroneously instructed the jury.

Maste…