Joseph M. Trihey, Administrator of the Estate of Maria G. Muna, Deceased v. Transocean Air Lines, Inc., a Corporation

This is an appeal from a decision of the District Court for the Central District of California in an action in admiralty for the wrongful death of three passengers lost in the crash of an airplane operated by Transocean Air Lines, Inc., a corporation (hereinafter, Trans-ocean), over the Pacific Ocean on July 12, 1953. It arises under the Death on the High Seas Act, 46 U.S.C.A. §§ 761-768 (hereinafter, D.H.S.A.). Exclusive jurisdiction is conferred on the admiralty court. 46 U.S.C.A. §§ 761 ; Higa v. Transocean Airlines, 9 Cir., 1955, 230 F.2d 780 . The action is against the carrier, Transocean; the maintenance contractor, Slick Airways, Inc., a corporation (hereinafter, Slick); and the manufacturer of the aircraft, Douglas Aircraft Corporation, Inc., a corporation (hereinafter, Douglas).

Plaintiff is the qualified administrator of the estates of Maria G. Muna, deceased ; Francisco G. Muna, deceased; and Catalina Manalisay Guiterrez, deceased, and represented their heirs in filing this suit based on negligence. He invoked the doctrine of res ipsa loquitur. The trial judge indicated doubt if the doctrine applied and required plaintiff to present his ease in full, i. e., to present…