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CORNING v. DEC AVIATION CORP.

No. 94.

50 Wis.2d 441 (1971)

184 N.W.2d 152

CORNING and another, copartners d/b/a LONROC FLYING CLUB and another, Appellants, v. DEC AVIATION CORPORATION and another, Respondents.

Supreme Court of Wisconsin.

Decided March 5, 1971.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Frank M. Coyne of Madison.

For the respondents there was a brief by Schlotthauer, Johnson & Mohs, and Conrad H. Johnson, all of Madison, and oral argument by Conrad H. Johnson.

ROBERT W. HANSEN, J.

This is a case of a parked airplane being hit by a moving airplane that was being taxied and tested by an employee of an airplane repair service. As such, it is exactly analogous to the situation where a parked automobile is struck by a moving vehicle. The status of the pilot of the moving plane is identical with that of the driver of a moving automobile.

As to the element of negligence against the driver of the moving plane, in this situation...

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