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VESS v. GARDNER

No. 26883.

413 F.2d 424 (1969)

Kyle K. VESS et al., Plaintiff, v. David M. GARDNER, Defendant-Third Party Plaintiff-Appellee, v. McCOY FLYING SERVICE, INC., Third Party Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

July 16, 1969.

Attorney(s) appearing for the Case

Thomas H. Watkins, Jackson, Miss., David Cottrell, Jr., Gulfport, Miss., Eaton Cottrell, Galloway & Lang, Gulfport, Miss., Watkins & Eager, Jackson, Miss., for appellant.

Sanford R. Steckler, Clyde Hurlbert, Biloxi, Miss., Boyce Holleman, Norman L. Breland, Holleman & Necaise, Gulfport, Miss., Hurlbert & O'Barr, Biloxi, Miss., for appellee.

Before WISDOM and DYER, Circuit Judges, and KRENTZMAN, District Judge.

DYER, Circuit Judge:

In this diversity action Flying Service appeals from a judgment entered upon a jury verdict finding it liable to Gardner for injuries sustained by him resulting from the negligent operation of a DC-3 aircraft owned by Aeronaut Air Service but piloted by an employee of Flying Service. The issue of the pilot's apparent authority to use the DC-3 aircraft on a charter flight for Gardner was resolved by the jury against Flying Service. We affirm.<...

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