Morrison v. Le Tourneau Co. of Georgia

WALLER, Circuit Judge.

Out of the fog, mists, and clouds that enshrouded Beaverdam Mountain on the morning of August 19, 1940, a little two-place, dual-controlled cub plane plunged to earth. In its wreckage were the lifeless and mangled bodies of two young men. One, Alton Vance Morrison, was the plaintiff’s intestate. The other, Don Phillip Le-Tourneau, was the pilot of the plane.

Beaverdam Mountain is in the Sandy Mush Gap settlement in North Carolina, near the Buncombe County line.

Asserting a right to maintain the action under the death-by-wrongful-act statute of North Carolina, the…