Anton J. Steinbock, Dba Klamath Aircraft Service v. Ralph Schiewe, Bette Schiewe, His Wife, and Janice Nechanicky, Ralph Schiewe and Janice Nechanicky, Cross-Appellants v. Anton J. Steinbock, Dba Klamath Aircraft Service, Cross-Appellee

330 F.2d 510 Anton J. STEINBOCK, dba Klamath Aircraft Service, Appellant, v. Ralph SCHIEWE, Bette Schiewe, his wife, and Janice Nechanicky, Appellees. Ralph SCHIEWE and Janice Nechanicky, Cross-Appellants, v. Anton J. STEINBOCK, dba Klamath Aircraft Service, Cross-Appellee. No. 18540. United States Court of Appeals Ninth Circuit. April 6, 1964. Koerner, Young, McColloch & Dezendorf, John Gordon Gearin, and James H. Clarke, Portland, Or., for appellants-cross appellees. Evans & Kennedy, Portland, Or., Samuel W. Fancher, Spokane, Wash., and Jack L. Kennedy, Portland, Or., for appellees-cross appellants. Before ORR, CHAMBERS and BROWNING, Circuit Judges. CHAMBERS, Circuit Judge. 1 The Schiewes and Miss Nechanicky were guests of Steinbock in his Piper Comanche airplane on the evening of August 14, 1963, at Klamath Falls, Oregon. The initial phases of take-off had been completed, the landing gear had been retracted, and the plane was climbing. At an altitude of about 75 feet above the airfield, the engine began to sputter. Steinbock attempted some emergency procedures which were unsuccessful. The plane crashed and the three guest passengers were injured. 2 Oregon has a guest…