Toole v. Miller

Opinion by

Mr. Justice Bell,

Plaintiff brought an action in assumpsit to recover for the value of his aeroplane which had been stored with the defendant and had been destroyed by fire.

Plaintiff’s evidence of negligence consisted of the following: “This fire, like all aircraft fires was extremely severe, highly destructive and, of course, was the consequence of an accident. An aircraft is a highly inflammable device .... The fire occurred as the consequence of an accident in installing a piece of radio equipment ... in an aircraft located approximately in the center of the hangar.” The aeroplane…