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CLARKE v. CONTINENTAL MOTORS CORPORATION

No. 20462.

333 F.2d 363 (1964)

D. B. CLARKE, d/b/a Thunderbird Aviation Company, Appellant, v. CONTINENTAL MOTORS CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

June 24, 1964.

Attorney(s) appearing for the Case

J. S. Covington, Jr., Houston, Tex., for appellant.

Robert A. Hall, Houston, Tex., for appellee.

Before BROWN, MOORE and GEWIN, Circuit Judges.

MOORE, Circuit Judge.

Plaintiff-appellant, D. B. Clarke, brought this action against defendant-appellee, Continental Motors Corporation (Continental), to recover for the damages to his airplane sustained when the engine failed to function properly and he was caused to make an emergency landing. The trial court, sitting without a jury, found that no act or omission of Continental caused the accident. Unless the trial court was clearly erroneous in so finding, the judgment...

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