Blind v. Rochester Aeronautical Corp.

Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: Plaintiff’s intestate was killed when an airplane which she had hired from defendant, for a practice' flight crashed to the ground shortly after the take-off. Recovery of - damages *1057herein is based on plaintiff’s claim that the airplane was not airworthy in that the tumbuclde at the central aileron control point was not properly assembled, thus making the plane unmanageable; and that a proper inspection would have disclosed the defect. To support -this claim…