Monday, Apr. 20, 1931

Damages: $89,000

One Sunday just two years ago a trimotored Ford of Colonial Western Airways, Inc. faltered over Newark Airport, glided smack into a railroad car loaded with sand. All 14 passengers were killed. Pilot Lou Foote alone surviving what was then U. S. aviation's worst accident. Last week ended the joint trial of six $100.000 damage suits--largest aviation damage trial in the U. S. Verdict: awards of $89.000, varying from $7,500 to $46.000.

As in other crash cases the defense pleaded Act-of-God (TIME, March 30 et ante), summoned such expert witnesses as Frank Monroe Hawks, Bernt Balchen and Charles Sherman ("Casey") Jones to testify that the company had taken reasonable care, that the pilot had done his best in an emergency. But for the plaintiffs Attorney Ernest P. Biro (his famed witness was Clarence Chamberlin) argued that the emergency was of Pilot Foote's own making: attempting to turn at low altitude after a motor had cut out.

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