[Download] "Smith v. Whitley" by Supreme Court of North Carolina # Book PDF Kindle ePub Free
eBook details
- Title: Smith v. Whitley
- Author : Supreme Court of North Carolina
- Release Date : January 03, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
The position principally relied upon and urged by the appellant is that there was evidence that the pilot of the crashed aeroplane was piloting the machine and carrying a passenger without the license to carry passengers required by law. While it may be conceded that the pilot of the aeroplane, the defendant Nelson, did not have such a license and was nevertheless carrying the plaintiff as a passenger, which would constitute negligence, there is no evidence in the record that this negligence, the absence of the passenger carrying license, was the proximate cause of the aeroplane crash. In truth, there is no evidence of what caused the crash. The plaintiff, James A. Smith, testified that ""the plane went into a spin and crashed and I do not know why."" J. W. Nelson, one of the defendants, who was piloting the plane, testified as a witness for the plaintiff: ""I don't know just why the plane crashed; it just came down in a spin with the nose to the ground.""
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