Winona Abbott, as of the Estate of Robert N. Abbott v. Page Airways, Inc., Appellant Gladys Gaines v. Page Airways…

Summary

The New York Court of Appeals affirmed the lower courts, holding that Page Airways was not immune from suit under the State Defense Emergency Act because the charter was not performed as a civil‑defense drill, and that a res ipsa loquitur instruction was proper even though the plaintiff offered specific evidence of negligence. The court emphasized that statutory immunity is the exception, not the rule, and that specific proof does not preclude reliance on res ipsa.