Porter v. Southeastern Aviation, Inc.
| Decision Date | 18 January 1961 |
| Docket Number | Civ. A. No. 2882. |
| Court | U.S. District Court — Middle District of Tennessee |
| Parties | Mrs. Mildred Brown PORTER, Plaintiff, v. SOUTHEASTERN AVIATION, INC., Defendant. |
Tyree B. Harris III, of Hooker, Keeble, Dodson & Harris, Nashville, Tenn., for plaintiff.
Charles L. Cornelius, Jr., of Cornelius & Collins, Nashville, Tenn., Russell Kramer and Erma G. Greenwood, of Kramer, Dye, McNabb & Greenwood, Knoxville, Tenn., for defendant.
This is an action to recover damages for the alleged wrongful death of plaintiff's intestate, who was killed in the crash of a Southeast Airlines plane on Holston Mountain in Sullivan County, Tennessee, on January 8, 1959. At the time of the accident, Southeastern Aviation, Inc., d/b/a Southeast Airlines, was a common carrier of passengers for hire, duly certified under the Federal Aviation Act of 1958, 49 U.S.C.A. § 1301 et seq. and operating under and subject to the rules and regulations of the Civil Aeronautics Board and the Federal Aviation Agency. The declaration, which was filed in the Circuit Court of Davidson County, Tennessee, contained counts charging negligence under the common law and statutes of the State of Tennessee, and statutory counts for negligence based upon the violation of the rules and regulations promulgated under the said Federal Act.
On April 25, 1960, the defendant filed its petition for removal of the action to this Court on the ground that the action is one of a civil nature of which the district courts of the United States have original jurisdiction in that the matter in controversy exceeds the sum of $10,000 and is founded on a claim or right arising under the laws of the United States.
The action is now before the Court upon plaintiff's motion to remand to the Circuit Court of Davidson County, Tennessee, for the reason that it does not arise under the laws of the United States so as to make it removable to this court.
Defendant's insistence is that "by the Federal Aviation Act of 1958 the Congress of the United States pre-empted the field of control of the airspace of the United States, of air traffic, aircraft and their operation in the navigable airspace of the United States so as to exclude the states from the control of aircraft and their operation in the navigable airspace of the United States, and to exclude state courts from jurisdiction to hear and determine disputes arising in such field." It is argued on behalf...
To continue reading
Request your trial
-
Mexico City Aircrash of October 31, 1979, In re
...v. Worley, 284 F.Supp. 679, 681 (E.D.Va.1968); Moungey v. Brandt, 250 F.Supp. 445, 453 (W.D.Wis.1966); Porter v. Southeastern Aviation, Inc., 191 F.Supp. 42, 43 (M.D.Tenn.1961); Moody v. McDaniel, 190 F.Supp. 24, 27-29 (N.D.Miss.1960) and Mozingo v. Consolidated Constr. Co., 171 F.Supp. 396......
-
Rauch v. United Instruments, Inc.
...v. Worley, 284 F.Supp. 679, 681 (E.D.Va.1968); Moungey v. Brandt, 250 F.Supp. 445, 453 (W.D.Wis.1966); Porter v. Southeastern Aviation, Inc., 191 F.Supp. 42 (M.D.Tenn.1961); Moody v. McDaniel, 190 F.Supp. 24, 26 (N.D.Miss.1960); Mozingo v. Consolidated Construction Co., 171 F.Supp. 396, 398......
-
Loma Portal Civic Club v. American Airlines, Inc.
...Pennsylvania, supra, 369 U.S. 84, 82 S.Ct. 531, 7 L.Ed.2d 585; 369 U.S. 857, 82 S.Ct. 931, 8 L.Ed.2d 16; cf. Porter v. Southeastern Aviation, Inc., D.C. 191 F.Supp. 42.) We hold that a court may not enjoin aircraft flights conforming to regulations promulgated by the Federal Aviation Admini......
-
Brunwasser v. Trans World Airlines, Inc.
...Crash Disaster at John F. Kennedy International Airport on June 24, 1975, 635 F.2d 67, 74-75 (2d Cir. 1980); Porter v. Southeastern Aviation, Inc., 191 F.Supp. 42 (M.D.Tenn.1961); See, Nader v. Allegheny Airlines, Inc., 426 U.S. 290, 298-300, 96 S.Ct. 1978, 1984-1985, 48 L.Ed.2d 643 (1975),......