Stone v. Farmington Aviation Corp.

LOZIER, C.

On August 31, 1947, plaintiff-respondent (herein called plaintiff) was injured in an airplane crash at Grand Glaize Airport which is adjacent to Highway' 54, south of Bagnell Dam. He had a verdict and judgment for $10,000 against defendant-appellant corporation (herein called defendant). Defendant appealed. This is the second appeal. See Stone v. Farmington Aviation Corporation, 360 Mo. 1015, 232 S. W. 2d 495.

At the second trial, plaintiff’s sole submission was breach of an alleged express warranty. One of defendant’s instant assignments is that plaintiff failed to make a…