{
  "id": 1464463,
  "name": "Brewer v. Thomason",
  "name_abbreviation": "Brewer v. Thomason",
  "decision_date": "1949-04-25",
  "docket_number": "4-8807",
  "first_page": "164",
  "last_page": "167",
  "citations": [
    {
      "type": "official",
      "cite": "215 Ark. 164"
    },
    {
      "type": "parallel",
      "cite": "219 S.W.2d 758"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "209 Ark. 539",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1475871
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/ark/209/0539-01"
      ]
    },
    {
      "cite": "55 S. W. 2d 782",
      "category": "reporters:state_regional",
      "reporter": "S.W.2d",
      "opinion_index": 0
    },
    {
      "cite": "186 Ark. 723",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        8725258
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/186/0723-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 348,
    "char_count": 4977,
    "ocr_confidence": 0.494,
    "pagerank": {
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      "percentile": 0.44039478749533273
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    "sha256": "0938597f2e5cfdfe7611d030ceece851442367547d3291287c56a878f4d21f1a",
    "simhash": "1:8a0d58b2a2ce953f",
    "word_count": 857
  },
  "last_updated": "2023-07-14T14:42:13.131733+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Brewer v. Thomason."
    ],
    "opinions": [
      {
        "text": "Robins, J.\nAppellant asks us to reverse judgment against him, in favor of appellee, based on jury verdict for $10,000, for damage sustained by appellee as a result of crash of one of appellant\u2019s airplanes in which appellee was riding on December 14, 1947.\nThere is very little dispute as to the fact situation. Appellant for some time had been operating at Benton an airport under the trade name of \u201cBenton Flying Service.\u201d Here he rented out airplanes and gave instructions in flying. Among other students were ex-soldiers learning to operate a plane as a part of the veterans training program. For these the government provided the use of one of appellant\u2019s planes and paid appellant tuition for the flight instructions.\nOne of the veterans receiving such training was Vernon Fulcher, a young man who was working for the Reynolds Manufacturing Company at its nearby plant.\nFulcher had been taking such training for several months and had about 75 hours flying time. He had received a private pilot\u2019s license and was legally authorized to take up passengers, but was not allowed to do so on the flying time paid for by the government.\nOn the day of the crash Fulcher came to the flying field with appellee, his friend and neighbor, and asked for a plane in which to take up appellee. Appellant told him he could rent a plane, but that he, Fulcher, would be required to pay for it, as the government had issued an order refusing to pay for the use of a plane under such circumstances. To this Fulcher agreed after some hesitation.\nThereupon appellant sent one of his instructors out to crank up the plane, which had already been flown four or five hours that morning. Appellee embarked in the plane with Fulcher and they flew over Benton twice at an altitude of about 2,000 feet, then flew toward their own neighborhood nearby, where the plane was brought down very low so they could identify their homes. According to appellee\u2019s account the motor \u201cwent dead\u201d and the plane \u201cnosed over\u201d and crashed into a house. Fulcher was killed in the crash and appellee suffered severe injuries.\nWhen the suit was originally brought, liability on the part of appellant was asserted by appellee on the ground that Fulcher was a student of and under instruction and supervision of appellant, and that Fulcher flew the plane in a negligent manner. While the court submitted this theory to the jury it is frankly admitted here by appellee that there was no evidence on which this theory of liability could be based. By an amendment made a short time before the trial appellee predicated liability of appellant on the ground that appellant was negligent in that the motor of the plane which appellant furnished Fulcher was defective and would not operate normally, and that because thereof the plane fell. And this ground \u2014 that appellant was bailor of the plane and as such was negligent in hiring to Fulcher a plane not in good flying.order is solely relied on here by appellee to sustain the judgment.\nNow there is no evidence whatever, save the bare statement .of appellee that the motor failed as Fulcher was turning at a very low altitude, from which an inference of bad condition of the motor could be drawn. It had already been flown successfully four or five hours on the same day. An examination of the motor some time after the crash failed to disclose any defect. Appellee testified that he knew nothing about the construction or operation of an airplane.\nNow talcing appellee\u2019s testimony at full value, as we must in a case of this kind, we have, as a basis for the verdict,' only the fact that the motor stopped. Appellee\u2019s statement does not exclude the possibility of the motor stopping on account of improper acceleration or slowing down, or other improper handling of the motor by Fulcher. In fact, in his complaint filed a short time after the crash he asserted that the negligent handling of the plane by Fulcher caused the accident.\nConceding, for the sake of argument, that there was some defective condition in the motor, what such condition was, and whether it was one such as appellant would have been responsible for, was not shown.\nWhile we must accord much latitude to juries in solving questions of fact, we have always held that their findings must be based on substantial evidence\u2014 not on conjecture and speculation. Magnolia Petroleum Company v. Bell, 186 Ark. 723, 55 S. W. 2d 782; Missouri Pacific Railroad Company v. Shores, 209 Ark. 539, 191 S. W. 2d 580.\nWe conclude that there is no substantial evidence in this case to establish such negligence of the appellant as would authorize a finding that any wrongful act or omission on his part caused or contributed to appellee\u2019s injury.\nAccordingly, the judgment appealed from is reversed and the cause of action having been fully developed is dismissed.",
        "type": "majority",
        "author": "Robins, J."
      }
    ],
    "attorneys": [
      "Busbee, Harrison & Wright, for appellant.",
      "Kenneth G. G of felt, for appellee."
    ],
    "corrections": "",
    "head_matter": "Brewer v. Thomason.\n4-8807\n219 S. W. 2d 758\nOpinion delivered April 25, 1949.\nBusbee, Harrison & Wright, for appellant.\nKenneth G. G of felt, for appellee."
  },
  "file_name": "0164-01",
  "first_page_order": 186,
  "last_page_order": 189
}
