District Court, S.D. New York April 23, 1964 (Berner v. British Commonwealth Pacific Airlines, Ltd.)

McLEAN, District Judge.

This is an action by the executors of William Kapell to recover damages for his death, which occurred on October 29, 1953 in California as a result of the crash of an airplane operated by defendant British Commonwealth Pacific Airlines, Ltd., in which Kapell was a passenger.

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On June 28, 1963 Judge Ritter directed a verdict for plaintiffs on the issue of liability (219 F.