SHEPHARD v. GRAHAM BELL AVIATION SERVICE

No. 5470.

243 P.2d 603 (1952)

56 N.M. 293

SHEPHARD v. GRAHAM BELL AVIATION SERVICE, Inc.

Supreme Court of New Mexico.

April 22, 1952.


Attorney(s) appearing for the Case

Hugh R. Horne, Albuquerque, for appellant.

McAtee & Toulouse, Serenea H. Green, Albuquerque, for appellee.


McGHEE, Justice.

During a violent windstorm the plaintiff's airplane broke away from its moorings where the defendant had secured it as a part of its storage arrangement with the plaintiff. The airplane was destroyed except for a small junk value and the trial court awarded judgment for its value.

The Civil Aeronautics Authority had given ample warning the vicinity would be visited by very heavy winds on the evening and night the plane was destroyed. The defendant...

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