- 0,99 €
Two airplanes, one a Stinson and the other a Cessna, collided at Stapleton Airfield in Denver, Colorado. Ray H. Dible owned and was piloting the Stinson. Eva Long and two other women were guest passengers. Clinton Aviation Company owned the Cessna, and it was being piloted by Charles A. Stevens, agent of the company. Dible and Eva Long instituted this action against Clinton Aviation Company and Stevens. Alleging negligence on the part of the defendants as the proximate cause of the collision, plaintiff Dible sought damages for personal injuries, for injury to his airplane, and for expenses incurred for medical care and hospital services; and plaintiff Eva Long sought damages for personal injuries and loss or damage to personal property. By answer, defendants denied negligence on their part; pleaded primary negligence on the part of plaintiff Dible as the proximate cause of the accident; and pleaded contributory negligence on the part of both plaintiffs. And by counterclaim, defendant Clinton Aviation Company sought damages for injury to its airplane. On motion of plaintiffs, the action was dismissed as to defendant Stevens. Thereafter, the cause was tried to a jury. The court directed a verdict against plaintiffs on their cause of action and against defendant Clinton Aviation Company on its counter-claim.The action of the court in directing the verdict was based upon the conclusion that under the evidence defendant was guilty of negligence in the operation of its airplane, that plaintiff Dible was guilty of contributory negligence in the operation of his airplane, and that therefore neither party was entitled to recover. The court did not mention any act or omission on the part of plaintiff Eva Long as constituting negligence. The directed verdict was returned, judgment was entered accordingly, and plaintiffs appealed.