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plaintiffdefendantdamagesnegligenceliabilitytrial
plaintiffdefendantdamagesnegligenceliabilitytrial

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Elwood v. Bolte, 119 N.H. 508, 403 A.2d 869

Facts

On February 2, 1972, Gisa Bolte was piloting a single-engine airplane owned by defendant Tougas when she ran out of gas and crash-landed in the plaintiff's orchard, damaging eleven apple trees and four others. The flight was intended to take the plane for servicing, and the trial court found that a master-servant relationship existed between Tougas and Bolte, making Tougas liable for Bolte's negligence. The plaintiff sought damages for the destruction of his trees, which were vital for his commercial apple production.

On February 2, 1972, defendant Gisa Bolte was to pilot defendant Tougas' single-engine airplane from Beverly, Massachusetts, to Manchester, New Hampshire, leave it for servicing and then fly another plane owned by her employer, Lindsey Perry, back to Beverly. During the course of the flight to Manchester, Bolte failed to engage the auxiliary fuel tanks in a timely manner, ran out of gas, and crash-landed the plane in the plaintiff's orchard.

Issue

The main legal issues are whether the airplane owner is liable for the pilot's negligence and the appropriate measure of damages for the destruction of fruit-bearing trees.

The main legal issues are whether the airplane owner is liable for the pilot's negligence and the appropriate measure of damages for the destruction of fruit-bearing trees.

Rule

The court applied the principle that a master-servant relationship exists when the owner retains control over the actions of the pilot, and damages for destruction of commercial fruit-bearing trees should include compensation for future lost production, not just the value of the trees at the time of destruction.

The court applied the principle that a master-servant relationship exists when the owner retains control over the actions of the pilot, and damages for destruction of commercial fruit-bearing trees should include compensation for future lost production, not just the value of the trees at the time of destruction.

Analysis

The court determined that because Tougas controlled the destination and directed Bolte's actions, a master-servant relationship was established, making him liable for her negligent act of crash-landing the plane. The court also recognized that the value of the trees is tied to their ability to produce fruit, and since the trees could not be replaced immediately, the damages should account for the future loss of apple production.

The court determined that because Tougas controlled the destination and directed Bolte's actions, a master-servant relationship was established, making him liable for her negligent act of crash-landing the plane.

Conclusion

The court affirmed the trial court's finding of liability against the airplane owner but reversed the damage assessment, remanding the case for a proper calculation of damages that includes future lost apple production.

The court affirmed the trial court's finding of liability against the airplane owner but reversed the damage assessment, remanding the case for a proper calculation of damages that includes future lost apple production.

Who won?

The prevailing party is the plaintiff, the commercial apple grower, as the court upheld the finding of liability against the airplane owner and directed a more appropriate calculation of damages.

The prevailing party is the plaintiff, the commercial apple grower, as the court upheld the finding of liability against the airplane owner and directed a more appropriate calculation of damages.

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