BECKER v. AMERICAN AIRLINES, INC.


200 F.Supp. 839 (1961)

Betty Jean BECKER, as Administratrix on the Estate of Robert J. Becker, deceased, Plaintiff, v. AMERICAN AIRLINES, INC., Lockheed Aircraft Corporation and Kollsman Instrument Corporation, Defendants. Lucy W. COZIER, as Executrix named in the Last Will and Testament of Philip H. Cozier, deceased, and Lucy W. Cozier, as Administratrix on the Estate of Steven P. Cozier, deceased, Plaintiffs. v. AMERICAN AIRLINES, INC., Kollsman Instrument Corporation, and Lockheed Aircraft Corporation, Defendants. Helen M. HOWLETT, Administratrix of the goods, chattels and credits of Charles A. Howlett, deceased, and Jeanne E. Strecker, as Executrix of the Last Will and Testament of Charles E. Strecker, deceased, Plaintiffs, v. AMERICAN AIRLINES, INC., Kollsman Instrument Corporation and Lockheed Aircraft Corporation, Defendants. G. Sargent JANES, as Executor of the Estate of Warham W. Janes, deceased, Plaintiff, v. AMERICAN AIRLINES, INC., Kollsman Instrument Company, Inc., and Lockheed Aircraft Corporation, Defendants. Lars E. JANSON, as Administrator of the Estate of Robert W. Conrad, deceased, Plaintiff, v. AMERICAN AIRLINES, INC., Kollsman Instrument Corporation and Lockheed Aircraft Corporation, Defendants. Evelyn E. ZAHN, as Administratrix of the Goods, Chattels, and Credits which were of John D. Zahn, deceased, Plaintiff, v. AMERICAN AIRLINES, INC., Kollsman Instrument Company, Inc., and Lockheed Aircraft Corporation, Defendants.

United States District Court S. D. New York.

December 28, 1961.


Attorney(s) appearing for the Case

Casey, Lane & Mittendorf, New York City, for plaintiff Becker.

Gair & Gair, New York City, for plaintiffs Cozier, Howlett, Strecker and Janson.

Willkie, Farr, Gallagher, Walton & Fitzgibbon, New York City, for plaintiffs Janes and Zahn.

Bigham, Englar, Jones & Houston, New York City, for defendant American Airlines, Inc.

Arthur Richenthal, New York City, for defendant Kollsman Instrument Corporation.

Mendes & Mount, New York City, for defendant Lockheed Aircraft Corporation.


SUGARMAN, District Judge.

Despite an early tendency to deny res ipsa loquitur to plaintiffs in passenger-for-hire negligence cases against common carriers by airplane or to hold the doctrine abandoned by a plaintiff showing specific acts of defendant's negligence1 the res ipsa loquitur doctrine is now firmly accepted in New York and not lost by plaintiff's attempt to show the possible causes of an airplane accident.

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