SMITH v. SOUTHERN AIRWAYS, INC.

No. 75-3630.

556 F.2d 1347 (1977)

Mrs. Beatrice SMITH, Plaintiff-Appellee, v. SOUTHERN AIRWAYS, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 8, 1977.


Attorney(s) appearing for the Case

William E. Suddath, Jr., Thomas C. Gerity, Jackson, Miss., for defendant-appellant.

Charles C. Jacobs, Jr., Cleveland, Miss., Thomas H. Hadley, Batesville, Miss., M. Collins Bailey, William E. Trusty, Batesville, Miss., for plaintiff-appellee.

Before WISDOM and GEE, Circuit Judges, and BOOTLE, District Judge.


GEE, Circuit Judge:

This diversity case arises from a fall suffered by plaintiff Beatrice Smith while leaving one of defendant's aircraft at the end of her flight on it as a passenger.

Mrs. Smith, an experienced air traveler aged 79 who was returning from a family visit, fell from the upper portion of the air stairs of a DC-9 aircraft in Greenville, Mississippi, about nine o'clock at night. As a result, she suffered a broken leg and other lesser but painful...

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