King v. United States, 12905.
| Decision Date | 09 January 1950 |
| Docket Number | No. 12905.,12905. |
| Citation | 178 F.2d 320 |
| Parties | KING v. UNITED STATES. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Gus B. Mauermann, San Antonio, Tex., Robert G. Harris, San Antonio, Tex., Ben F. Foster, San Antonio, Tex., for appellant.
Henry W. Moursund, U. S. Atty., San Antonio, Tex., Joel W. Westbrook, Asst. U. S. Atty., San Antonio, Tex., for appellee.
Before HUTCHESON, HOLMES, and RUSSELL, Circuit Judges.
Appellant brought this action under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., to recover damages caused by a student flier of the United States Army Air Force when he crashed a training plane into her home in San Antonio, Texas, setting fire to and destroying the home and its contents. Seven associated actions arose out of this crash, and the outcome of these actions depends upon the decision of the appeal now before the court. Summary judgment was rendered by the court below on the pleadings.
The facts are as follows: On or about July 11, 1948, William N. White was a cadet in training and a duly accredited member of a United States Army Air Force training group stationed at Randolph Field, which is located near San Antonio, Texas. Shortly after midnight on the above-mentioned date, Cadet White, while under the influence of liquor, took off from Randolph Field in an AT-6 training plane. None of the military police on patrol or officers on duty knew of Cadet White's taking the plane. While he was flying the plane low over the city, it crashed into appellant's home, causing the damage for which recovery is now sought.
Under the Federal Tort Claims Act, the United States is made liable for money damages for injury, or loss of property, caused by the negligent or wrongful act or omission of any employee of the government, while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable in accordance with the law where the act or omission occurred. The issue now presented on appeal is whether or not the United States, as owner of this airplane, is liable for damages resulting from its negligent operation by a member of the United States Army Air Force when the operation was without the authorization, knowledge, or consent, of the owner. In a case of this nature, the United States cannot escape liability if a private person under similar circumstances should be held liable.
There are no special statutory provisions that regulate or govern the responsibility of persons owning and operating airplanes. In the absence of such statutes, the rules of law applicable generally to torts govern. The ordinary rules of negligence and due care are invoked. In granting appellee's motion for summary judgment, the court below found that, on the occasion of the alleged accident, Cadet White was operating the airplane without ...
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Cooner v. United States, 7887.
...is the equivalent of "scope of employment," and is no broader. United States v. Campbell, 5 Cir., 1949, 172 F.2d 500; King v. United States, 5 Cir., 1949, 178 F.2d 320. 2 10 U.S.C.A. § "Any person subject to this chapter who operates any vehicle while drunk, or in a reckless or wanton manne......
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Blazek ex rel. Blazek v. U.S., Civ. 4-99-CV-30402.
...Voytas v. United States, 256 F.2d 786, 789 (7th Cir.1958) (ammo guard's theft of explosive not within line of duty); King v. United States, 178 F.2d 320, 322 (5th Cir.1949) (government not liable for airplane crash caused by cadet who took government plane after returning from off-base drin......
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O'BRIEN v. United States
...United States v. Campbell, 172 F.2d 500 (5th Cir.), cert. denied, 337 U.S. 957, 69 S.Ct. 1532, 93 L.Ed. 1757 (1949); King v. United States, 178 F.2d 320 (5th Cir. 1949), cert. denied, 339 U.S. 964, 70 S.Ct. 998, 94 L.Ed. 1373 2 On the other hand, the fact of employment is determined by fede......
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Williams v. United States
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