Mutti v. Boeing Aircraft Co.

On or about June 1, 1945, plaintiff, Emil Mutti, instituted an action in the superior court for King county against Boeing Aircraft Company, a corporation, to recover damages for injuries alleged to have been received by him during the noon rest period on February 18, 1943, when an XB-29 Flying Fortress crashed into the plant of Frye & Company, in Seattle, Washington.

The original complaint was based on the theory of negligence and alleged facts tending to show that plaintiff was not in the course of his employment at the time he was injured.

Defendant filed an answer to the complaint, in which…