(Download) "Coyner Crop Dusters V. Marsh" by Arizona Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Coyner Crop Dusters V. Marsh
- Author : Arizona Supreme Court
- Release Date : January 29, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This is a consolidated action in which Elizabeth Coyner, as executrix of the estate of J. D. Coyner seeks recovery for the wrongful death of the decedent, and Coyner Crop Dusters, a corporation, seeks recovery for the destruction of an airplane. Briefly stated, the facts are these: Paradise Airport, an airport situated northwest of Phoenix, Arizona, at the time of the accident was composed of a number of intersecting graded runways used for light aircraft traffic in flight instruction and private flying. Along the extreme western portion of the field a landing strip had been graded for the exclusive use of crop duster pilots, and the various dusting companies using this runway had stacked their insecticide supplies near the northern terminus of this strip. On July 14, 1952, one Nicholson, a duster pilot new in the Phoenix area, flew a plane belonging to the defendant Marsh to the Paradise airport and inquired of the defendant Pemberton, the manager of the field, as to methods of operation on the duster strip. Pemberton told Nicholson that landings and take offs on the duster strip were from north to south or were "generally" from north to south. Nicholson then began his assigned dusting work, and had completed one flight prior to the accident. Both times while Nicholson was loading, Underwood, an employee of Coyner, landed from south to north on the duster strip, and loaded from a pile of insecticide adjacent to Nicholson's loading activity. Nicholson testified that he landed from north to south, but two of the plaintiff's witnesses testified that they observed Nicholson land from south to north himself. Nicholson also testified that he did not observe Underwood's landings. Before Nicholson completed loading the second time Underwood took off to the south again, stirring up a cloud of dust which covered approximately 1000-1300 feet of the crop duster strip. Nicholson waited until the dust had settled enough that he could see to a point where he thought he would become airborne and then commenced his take off run to the south. Before his plane became airborne, Nicholson collided with the aircraft piloted by the decedent Coyner, who had landed on the south end of the crop duster strip and was taxiing toward the insecticide stacks. Coyner received burns in the fire that followed the collision and both aircraft were destroyed. Coyner died four days after the accident from injuries received therein.