A FIRST SOLO FLIGHT

Nelson Evening Mail, Volume LXI, 11 April 1928, Page 5

A FIRST SOLO FLIGHT

AEROPLANES COLLIDE

£798 DAMAGES AWARDED

Mr Justice Mann, in the Banco Court '}t Melbourne a lew days ago delivered judgment m the action in which the lairkiu Aircraft Supply Co., Ltd., of Coode Island. River Yarra. claimed £Bl2 from August di Cilio. of Albert street. Kew. tor damage dune to the Diamond llird. an aeroplane owned by the company, when ii was .struck bv a Moth neroplane piloted by Di Cilio.' 1 he. action arose out of an incident which occurred at the Essendon aerodrome on 16th .March of last year. Di Cilio was learning to fly.’and "was ending his first solo "(light in a Moth aeroplane when he .struck the' Diamond Bird as he landed, tie tombed t,he ground 113 yards from tin- Diamond Bird, humped throe times, and swerved. As tie was then heading for the Diamond Bird lie increased his speed and attempted to rise above it. When the Moth aeroplane stopped its undercarriage was on the wings bf the Diamond Bird and die tail v.as on the ground.

The company alleged that the collision was due to Di (film's negligent driving or management of tin- machine. Di Cilio pleaded that the collision was due to an accident. He alleged that the servants rv agents of the companv had been guilty of contributory negligence ■ in placing the Diamond Bird too far out from llie hangars. Mr Justice Mann said that 'when Di Gilio found himself in a difficult position created by ins own lack of skill he in - cre.'isvd his speed when such an act i ould not but mean additional mischief. A pilot should have a certain degree, of skill before he took upon himself to navigate a machine. If he imdcitook the navigation of a machine without having that necessary skill it would be negligence on his part. As the defendant had chosen to practise flying at a place where people might lie injured or damage might be caused by his want •of

skill he was liable for the damage done to the plaintiff’s machine. Judgment would lie given for the Larkin Aircraft Supply Co.. Ltd., for the full curt of Iho repairs to the Diamond Bird, which would la- fixed at £793. The plaintiff company would be allowed to take out of court £SOO which had been paid in bv D* Gilio.