Lake Air, Inc. v. Duffy

Defendant Duffy rented an airplane from plaintiff to fly from Seattle to a farm near Quincy, Washington. He signed a rental contract in which he agreed to fly “only in daylight.....To land at established airports except as a precautionary or emergency measure.” Defendant Duffy is in the business of installing furnaces. He loaded a furnace in the plane and flew to a private field or cow pasture on a farm near Quincy, where he was to install the furnace in the owner’s house. He arrived after dark and cracked the plane up considerably in landing.

Plaintiff sued for damages to the plane in two…