Newberger vs. Pokrass Annotated Bibliography
The main issue that is discussed in the case is whether a passenger can share the responsibility of the pilot in negligent operation of an aircraft Rules. Pokrass filed a suit regarding the crash and wanted a wage compensation for the lost wages and relief compensation for suffering and pain. Pokrass’ Estate appealed the decision of the court. The court explained that in such cases, the rule of “the things speak for itself” is used. Recent past events would determine the court’s decision. It is presumed that the element that caused the accident was under the control of the defendant and the accident occurred because of the careless Act. When the accident occurred, Newberger was sitting besides Pokrass and Pokrass said that he was feeling sleepy. Newberger warned Pokrass that the aircraft was about to crash and Pokrass said he knew that. He however did not do anything to control the crash. Ultimately the aircraft crashed and Pokrass died as a result of that. Due to the inefficient and Pokrass’ lethargic attitude, the aircraft crashed.