Small v. Transcontinental & Western Air, Inc.

DRAPEAU, J.

Plaintiff was a fare-paying passenger on a TWA airplane flying from Wichita, Kansas, to Los Angeles. It was her second time in the air, for she was traveling on a round-trip ticket, and had a short time before gone from Los Angeles to Wichita.

Plaintiff testified that after the plane left Amarillo it commenced to roll and pitch; that some of the passengers were airsick; and that she was apprehensive of her safety and worried because the sign directing passengers to fasten their seat belts was not illuminated.

The captain and the copilot of the ship testified that the flight was routine, on a regular scheduled course; that it was not rough; and that they had no notice of adverse flying conditions anywhere along the route.

About halfway between Amarillo and Albuquerque, the plane encountered a downdraft. Running into a rapidly descending current of air, the ship dropped almost straight down, and then abruptly surged up again on an ascending air current. The drop was so fast that the airline hostess flew to the roof of the plane, and then fell to the floor, covered with coats. Most of the passengers, like men on flying trapezes, shot out of their seats, up in the air, and then down on the floor, or into other seats not their own.

Plaintiff was thrown out of her seat and to the floor. She was badly injured. Her arm was broken; and, later on, she had to have an operation for an intestinal obstruction. She was given first aid and hospitalized at Albuquerque, and brought to Los Angeles a few days later.

In Los Angeles her arm was set and was in traction for 28 days. She was in the hospital for some time, and kept from her work for a longer time, and she has permanently lost about 15 per cent of the use of her shoulder.

Her action for personal injuries was tried by jury, with verdict and judgment for $7,500. Motions for nonsuit and for a new trial were denied.

Plaintiff’s principal claim of negligence is that the flight became rough, and that the iluminated sign at the front of the airplane cabin “Fasten Seat Belts” was not turned on. Defendant concedes that the sign was not on, but contends there was no necessity for it; that the flight was smooth and

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