finding that prior inadequate performance in captain’s landing airplane under adverse conditions admissible to show an employer’s negligence in allowing the pilot to land the aircraft
How later courts described this case
- finding that prior inadequate performance in captain’s landing airplane under adverse conditions admissible to show an employer’s negligence in allowing the pilot to land the aircraft
- where trial court instructed jury that it could find for plaintiff if it found defendant negligent on any of 31 particulars, the fact that one particular was not supported by the record did not require reversal because it was “inconceivable that in the mass of testimony so clearly establishing negligence in thirty other particulars this issue could have influenced the verdict .... ”
- District court properly allowed into evidence two reports that were part of a Civil Aeronautics Board report because they did not reflect the Board’s evaluation of the data they contained or the emphasis placed on that data in reaching a decision on probable cause
- defendant’s witness had testified that an airplane altimeter in issue was “feasible and safe and that there was no reason to change it”; plaintiff allowed to show that defendant changed altimeter design after crash
Written by the judges who cited it.
The opinion
ON PETITION FOR REHEARING
PER CURIAM:
Upon consideration of the petition for rehearing in this case, it is ordered that Paragraph number 4 on page 193 of 418 F.2d be modified to read as follows:
“4. The air traffic controller, whether or not required by the manuals, must warn of dangers reasonably apparent to him.”
We disagree with the contentions of appellant, American Airlines, that such a modification alters the rationale or dictates a different result to that reached in our original opinion.
The petition for rehearing is
Denied.