Chief Judge Desmond. Defendant is a common carrier of passengers by air. Plaintiff’s intestate, a passenger on one of defendant’s planes, was killed in August, 1958 when the airship crashed and burned at Nantucket, Massachusetts, in the course of a flight from a New York airport. The complaint pleads three causes of action but this appeal has to do, immediately, with the second count only. That part of the complaint has been dismi…
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