Pickering

I concur in the judgment. It is enough that there is evidence sufficient to sustain the court’s decision that defendants’ representative, Anderson, was not guilty of negligence in his operation of the plane at the time of the accident.

Houser, J., concurred in the judgment.

This is an action for the recovery of damages for personal injuries and property damage resulting from an accident in plaintiff’s own airplane, in which the plaintiff was a student of the respondent company, and, at the time of the accident, was taking a course of instruction in flying under the tutelage of respondent company’s instructor, who was then and there employed by respondent company as a pilot for the instruction of students in the art of practical flying of aircraft. The plane itself was the property of the student—the plaintiff and appellant. At the beginning of the flight for instruction in which the accident occurred, the plaintiff operated the airplane at the time of the take-off, under signals given by the said instructor, and the plaintiff operated it up to five minutes prior to the accident, but at the exact time of the accident, the plane was being operated and was under the control of the instructor. The plane dropped when at an elavation of about three or four hundred feet, and dove to the ground. After using all the means possible to right the plane, the instructor failed in his attempt to right it before the crash occurred.

Appellant contends that the…