Smith v. . Whitley

Per Curiam:.

The position principally relied upon and urged by the appellant is that there was' evidence that the pilot of the crashed aero-plane was piloting the machine and carrying a passenger without the license to carry passengers required by law. While it may be conceded that the pilot of the .aeroplane, the defendant Nelson, did not have such a license and was nevertheless carrying the plaintiff as a passenger, which would constitute negligence, there is no evidence in the record that this negligence, the absence of the passenger carrying license, was the proximate cause of the…