¹ Pp. 227, 228.

² Pp. 392, 393, 395> 396 and 397.

³ McNair, , The Law of the Air, 154 et seq. (2d ed. 1953).Google Scholar

⁴ Shawcross, and Beaumont, on Air Law 316 and the footnotes on 317 (2d ed. 1951).Google Scholar

⁵ Ibid., 317, footnote (f). Shawcross and Beaumont raise the question of whether in the United States a carrier owes a lesser duty to a gratuitous passenger. The case referred to is not reported and is not, I submit, an authority for the above proposition. The liability of carriers to gratuitous passengers is recognized and releases of liability in writing, signed by them, in each case, are demanded.

⁶ See Manitoba, Canada, Highway Traffic Act, R.S.M. 1954, c. 112, s. 99(1), which provides for liability of the motor car operator and owner to injured gratuitous passengers who establish the “gross negligence or wilful and wanton misconduct” of the operators of the motor cars. Compare, however, with Ontario Highway Traffic Act, R.S.O. 1960, c. 172, s. 105(2), where the liability of the owner and operator of a motor car to injured gratuitous passengers is removed. In neither case do these provisions apply to motor vehicles engaged in commercial services.