North American Aviation, Inc., a Corporation v. Wanda Lee Hughes and Randall L. Hughes, a Minor, by His Guardian Ad Litem, Harry Sutton

Man or machine — ■

Which was responsible for the jet airplane crash that caused the death of the pilot, whose widow and whose infant son recovered $125,000 from the manufacturer of the machine ?

If the man was responsible for the accident, his widow and his son, plaintiffs below and appellees here, cannot recover, and reversal results.

'■ If the machine was defective, the mantfacturer — the defendant below and the appellant here — was responsible, and the judgment of damages must be affirmed.

" The action was one for wrongful death. The appellant filed a motion for judgment notwithstanding the verdict or for á new trial. The lower court denied both motions, and gave judgment on the verdict. From that judgment the present appeal has been taken.

1. The Stipulated Facts

■ An F-86F aircraft, manufactured by the appellant, and piloted by the decedent, First Lieutenant Fred L. Hughes, crashed at the west end of the Los Angeles International Airport immediately after take-off, at about 3:27 p.m., on December 18,1953.

This aircraft had been delivered to th'e United States Air Force, after acceptance by the latter, and Lieutenant Hughes was flying it from the appellant’s factory,…