KERNEK v. MASTERSON


226 S.W.2d 12 (1950)

311 Ky. 826

KERNEK v. MASTERSON.

Court of Appeals of Kentucky.

January 10, 1950.


Attorney(s) appearing for the Case

Marvin J. Sternberg, Louisville, Horace E. Tabb, Elizabethtown, for appellant.

J. E. Wise, Elizabethtown, for appellee.


CAMMACK, Justice.

The appellee's son, Tommy Masterson, was a student pilot at a flying school operated by the appellant. While on a solo flight a plane flown by Masterson crashed, resulting in his death. This action was instituted by his administratrix on the theory that the crash was occasioned by the negligent failure of Kernek to properly refuel the plane after a previous flight.

From a judgment of $8,000 Kernek has appealed, seeking its reversal on the...

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