ALDRICH, District Judge.
This is a diversity action by an owner of a private airplane on an insurance policy for loss incurred as a result of his plane running beyond the landing strip and upsetting. On the afternoon of June 8, 1957 the plaintiff was piloting three passengers and himself in a four-passenger private plane known as a Piper Tri-Pacer. He first landed in Province-town, Massachusetts, at which time he discovered his brakes to be inoperable, due to a leak...
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