E. P. CAPPS, Appellant,
AMERICAN AIRLINES, Inc., Appellee.
H. S. McCluskey and H. M. Van Denburgh, Phoenix, for appellant.
Snell & Wilmer, Phoenix, for appellee.
[81 Ariz. 233] PHELPS, Justice.
This is an appeal by plaintiff-appellant, E. P. Capps, from a judgment in favor of defendant-appellee, American Airlines, entered by the trial court following an instructed verdict in favor of the defendant. The parties will be hereinafter designated as plaintiff and defendant.
The facts show that on November 5, 1953 plaintiff purchased an airplane passenger ticket from the defendant for transportation from Phoenix to San Diego, California. While he was in the act of boarding the airplane an accident occurred
wherein he suffered an injury by falling into the doorway of the plane.
Plaintiff testified as to the accident as follows:
'Q. Now, then, sir what happened as you went up the stairs? A. As I went up the stairs, just as I put my right foot inside the plane, as I picked up my left foot it threw me, just seemed like it was wedged in something and it threw me on my left knee.
'Q. Where? A. Well, it was the last step to be taken. I had my right foot already in the plane.
'Q. You fell into the plane, did you? A. Yes, sir, I couldn't keep from falling.'
In further describing his fall plaintiff related:
'Q. I believe you stated when you stepped in the plane you stepped through with your right foot? A. First, that is true.
'Q. In the door, and then as you stepped to follow on through, you said something caught your left foot? A. It seemed like it was in a viese, it was wedged.
'Q. Did you look back? A. It threw me before it would pull out.
'Q. Did you look back to see what was holding you? A. No sir, I ...