Capps v. American Airlines, Inc.

PHELPS, Justice.

This is an appeal by plaintiff-appellant, E. P. Capps, from a judgment in favor of defendant-appellee, American Airlines, entered by the trial court following an instructed verdict in favor of the defendant. The parties will be hereinafter designated as plaintiff and defendant.

The facts show that on November 5, 1953 plaintiff purchased an airplane passenger ticket from the defendant for transportation from Phoenix to San Diego, California. While he was in the act of boarding the airplane an accident occurred wherein he suffered an injury by falling into the doorway of the…