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Newing v. Cheatham

15 Cal.3d 351, 124 Cal.Rptr. 193, 540 P.2d 33 (1975)

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Newing v. Cheatham

California Supreme Court
15 Cal.3d 351, 124 Cal.Rptr. 193, 540 P.2d 33 (1975)

Facts

Harold Cheatham flew a private aircraft with Richard Newing and Ronald Bird as passengers. The aircraft was found crashed, with the three men dead. Relatives of Newing (plaintiffs) brought suit for wrongful death against the estate of Cheatham (defendant), alleging that Cheatham’s negligence was the cause of the crash. Expert testimony established that the crash was most likely caused by Cheatham’s failure to supply the aircraft with sufficient fuel for the flight. The trial court directed verdicts for the plaintiffs and assessed damages at $125,000. The estate of Cheatham appealed. The California Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Sullivan, J.)

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