Aircraft Logistics, Inc. v. H.E. Sutton Forwarding Co.

(specially concurring).

I agree to affirmance but only because the appellee had surrendered complete control of the ramp to the airport and thus no longer had a duty to maintain it properly or to safeguard surrounding aircraft from its possible dangers. As the court correctly states, no such obligation arises from the mere ownership of a non-dangerous instrumentality.2. I do not agree, however, with the trial judge that the fact that the wind arose suddenly and was unusually powerful for the season, rendered it an intervening “Act of God” which was the sole legal cause of the accident. Because…