PORTLAND FLYING SERVICE, INC. v. SMITH


227 A.2d 446 (1967)

PORTLAND FLYING SERVICE, INC. v. Maynard B. SMITH.

Supreme Judicial Court of Maine.

March 15, 1967.


Attorney(s) appearing for the Case

Berman, Berman, Wernick & Flaherty, by Theodore H. Kurtz, Portland, for plaintiff.

Mahoney, Desmond, Robinson & Mahoney, by Lawrence P. Mahoney, Portland, for defendant.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, MARDEN, RUDMAN, and DUFRESNE, JJ.


WEBBER, Justice.

The plaintiff was owner of a small airplane which was hired by the defendant, a student pilot who was receiving instruction from an instructor employed by plaintiff. While under the control of the defendant the plane was involved in an accident for which property damages are sought in this action. Plaintiff appeals from the direction of a verdict for the defendant.

The facts are not in dispute and may be related as follows. Prior to the day...

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