The Archive · 1931

Aeroplane Case Decision The Civil Division of the First Special District Court, which on

September 29 gave judgment in our of the China National Aviation Corporation in the Lunghua air' accident case, has delivered its writ-ion in this ease, Plaintiff Ying Sung-sze and Ying ung:

ig, wid son of Mr. Walter Wen-lung Ying, who wa the machine crashed at Lunghaa on December 9 last year. The claim filed by plaintiffs was for $103,036, which " represented $78,249, " deceased's life expectancy earnings; $10,000 for the education of the second plaintiff; $10,000 as com-ensation for "plaintiffs mental sufferings; ete.

In giving judgment for the de fendant firm, the Court upheld the [contention of Mr. Li Tsu-ya, counsel for defence, that the Lunghua air accident had been caused through force majeure and that, therefore, the defendant firm was Tot responsible for damages to passengers. A feist of the judgment, translated {from Chinese, follows:—"While the Court agrees with Dr Liu, counsel for plainti gamonts that the Civil Code applicable to the case because there is no special law for the con trol of the defendant firm and that the "defendant firm's passenger ticket held by the first rlaintif's husband, which absolves the deferd-fant firm of its responsibility for damage to passengers, is not valid because the first plaintiffs husband did not countersign it as required, {the most important question in this ease is whether the Lunghua air accident was caused through force majeure or not.

Text read from the printed page and cleaned; old type leaves the occasional error.

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