Berner v. British Commonwealth Pacific Airlines, Ltd.
Court of Appeals for the Second Circuit
1Opinion of the Court
MOORE, Circuit Judge.
This is a diversity action for damages for wrongful death arising out of an airplane accident on October 29, 1953. In 1953 a pilot for defendant British Commonwealth Pacific Airlines, Ltd. (BC PA), an Australian corporation, in a plane coming from Honolulu, began an instrument landing, during which operation it crashed against a mountain near the San Francisco, California, airport. All aboard were killed, including plaintiffs’ deceased, the noted pianist William Kapell.
The flight having been international, BCPA and defendant Qantas Empire Aviation, Ltd. (Qantas) claimed…
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