This section contains the nature of the case and procedural background.

Cox, the husband of P, was killed in an airplane crash in the Pacific Ocean on a DC-7C airplane flight. The airplane requested an altitude change and was never heard from again. Debris was sighted about 35 nautical miles west of Domestic Annette. There were no survivors, and no bodies of either the passengers or the crew were found nor was there any evidence about the cause of the crash. The lower court ruled that Airline (D) liable under the doctrine of res ipsa loquitur. There was a substantial amount of evidence presented that D used due care in its operations and there was no countervailing evidence of specific negligence or even unusual circumstances.

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