Re: United Airlines DC-6 Flight 624
Schuyler v. United Air Lines, 94 F.Supp. 472 (M.D. Pa., 1950)
94 F.Supp. 472
SCHUYLER
v.
UNITED AIR LINES, Inc.
Civ. No. 3304.
United States District Court M. D. Pennsylvania.
December 18, 1950.
Page 473
Ralph P. Needle and Needle, Needle & Needle, all of Scranton, Pa., Guy E. Ward, Beverly Hills, Cal., Douglas N. Sharretts, Baltimore, Md., for plaintiff.
Eugene Nogi and Nogi, O'Malley & Harris, all of Scranton, Pa., Owen B. Rhoads, Arthur E. Newbold, III, and Barnes, Dechert, Price, Myers & Clark, all of Philadelphia, Pa., and David L. Corbin, New York City, for defendant.
WATSON, Chief Judge.
This is a suit by Jessie I. Schuyler, Ancillary Executrix of the Estate of Earl Carroll, deceased, Plaintiff, against the United Air Lines, Inc., Defendant, under the Pennsylvania "Survival" Statute1 for damages for the death of Earl Carroll, who was killed instantly when Defendant's Douglas DC-6 Aircraft No. NC-37506 on which he was a passenger crashed near Mt. Carmel, Pennsylvania, about 12:41 P.M., on June 17, 1948. The case was tried before the Court and a jury. The jury returned a verdict in favor of the Defendant.
The case is now before the Court on Plaintiff's Motion to set aside the verdict and judgment entered thereon, and for a new trial. At the oral argument on the Motion, counsel for Plaintiff urged only one reason as ground for granting the motion, although other reasons stated in the written motion were not withdrawn. The reason urged was that the Court committed prejudicial error in connection with questions concerning certain documents, and photostatic copies thereof, referred to throughout the trial as the "Zell Report".
After this case was set for trial to begin April 3, 1950, counsel for Plaintiff presented to the Court, on March 31, 1950, a Motion for Production of Documents, etc., under Rule 34 of the Federal Rules of Civil Procedure.2 The Motion contained requests in twenty-nine separate paragraphs for documents of various descriptions, including a request in paragraph 22 for "Copy of report by Mr. Louis Zell, Chief of Communications, United Air Lines, pertaining
Page 474
to interpretation of recordings of radio contact between Flight 624 United Air Lines, June 16-17, 1948, between the hours of 12:30 E.S.T., and 12:45 E.S.T., June 17, 1948." On April 3, 1950, a jury was sworn to try the case, and on April 4, 1950, and April 5, 1950, an argument was held in Chambers on Plaintiff's Motion for Production of Documents, etc. On April 5, 1950, Opinion and Order3 were filed by this Court granting in part and denying in part Plaintiff's Motion for Production of Documents, etc. This Opinion, in referring to paragraph 22 of Plaintiff's Motion, stated: "It appears that, as to requests for production referred to in Paragraphs * * * 22 * * * the defendant does not have same in its possession, custody or control, and, therefore, the motion for the production of the documents, papers, books, etc., referred...
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