ABBOTT v. PAGE AIRWAYS


23 N.Y.2d 502 (1969)

Winona Abbott, as Executrix of The Estate of Robert N. Abbott, Deceased, Respondent, v. Page Airways, Inc., Appellant. Gladys Gaines, Respondent, v. Page Airways, Inc., Appellant, and City of Rochester et al., Respondents. Wentford Gaines, Respondent, v. Page Airways, Inc., Appellant, and City of Rochester et al., Respondents. Raymond Hunter, Respondent, v. Page Airways, Inc., Appellant, and City of Rochester et al., Respondents. Theodore Solomon, as Administrator of The Estate of William Jones, Deceased, Respondent, v. Page Airways, Inc., Appellant, and City of Rochester et al., Respondents. Theodore H. Solomon, as Administrator of The Estate of John L. Riley, Deceased, Respondent, v. Page Airways, Inc., Appellant, and City of Rochester et al., Respondents. Christine Bolden, Respondent, v. Page Airways, Inc., Appellant, and City of Rochester et al., Respondents. Lorena Bradberry, Respondent, v. Page Airways, Inc., Appellant, and City of Rochester et al., Respondents. Elijah Davis, Respondent, v. Page Airways, Inc., Appellant, and City of Rochester et al., Respondents. Betty Mae Johnson, Respondent, v. Page Airways, Appellant, and City of Rochester et al., Respondents.

Court of Appeals of the State of New York.

Decided January 16, 1969.


Attorney(s) appearing for the Case

Louis D'Amanda, John Van Voorhis and Eugene Clifford for appellant.

Lee S. Kreindler, Milton G. Sincoff and Stanley J. Levy for Winona Abbott, respondent.

Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN concur.


Chief Judge FULD.

During street rioting which erupted in Rochester in July of 1964, the Director of the Monroe County Civil Defense Office, Robert N. Abbott, decided that it would be useful to charter a helicopter in order to survey traffic and observe the disorder from the air. With the approval of the City Manager, he telephoned to the defendant, Page Airways, an airplane chartering service, to ascertain whether...

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