Pierce v. Der Wienerschnitzel International, Inc.

ORDER DENYING MOTION FOR JUDGMENT NOTWITHSTANDING VERDICT OR, ALTERNATIVELY, FOR NEW TRIAL

BECKER, Chief Judge.

This is a civil action brought by plaintiff to recover for personal injuries which she suffered when an airplane of defendant, operated by plaintiff’s husband as an agent of defendant, crashed at the Emporia, Kansas, airport. On May 28, 1969, a jury found the issue of liability in favor of plaintiff and awarded her damages in the amount of $37,-971.50. The ease was submitted on the theory that plaintiff was a business visitor under the Kansas cases and the Restatement of Agency, 2d,…