The Dalles City, a Municipal Corporation v. River Terminals Company

The Dalles City, although a municipal corporation of the State of Oregon, owned and operated a municipal airport across the Columbia River at Dallesport, Washington, as the Oregon law permitted it to do. The City made a lease to S & M Flying Service, a corporation, whereby it leased and let to the latter the privilege of using the airport in common with others, and also the exclusive use of the hangar and shop buildings on the airport grounds. The appellee River Terminals Company, plaintiff below, made an arrangement with S & M Flying Service, whereby the latter agreed to store an airplane belonging to plaintiff within the hangar building in the possession of the Flying Service. This airplane was in that hangar during the month of January, 1950, when a very heavy snowfall occurred piling snow to a considerable depth upon the roof of the hangar building.

The lease to the Flying Service contained the following provision: “The Lessor reserves the right, but shall not be obligated to the Lessee, to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of the Lessee in…

In my opinion the evidence supports the trial court’s finding relative to the City’s exercise of its reserved right of control over the airfield facilities. Accordingly, I would affirm the judgment.

226 F.2d 100 THE DALLES CITY, a municipal corporation, Appellant, v. RIVER TERMINALS COMPANY, Appellee. No. 14287. United States Court of Appeals Ninth Circuit. Sept. 21, 1955. Phillips, Coughlin, Buell & Phillips, James K. Buell, Portland, Or., Charles A. Phipps, Phipps & Phipps, The Dalles, Or., for appellant. Harold E. Patterson, Hickson & Dent, Portland, Or., for appellee. Before STEPHENS, HEALY and POPE, Circuit Judges. POPE, Circuit Judge. 1 The Dalles City, although a municipal corporation of the State of Oregon, owned and operated a municipal airport across the Columbia River at Dallesport, Washington, as the Oregon law permitted it to do. The City made a lease to S & M Flying Service, a corporation, whereby it leased and let to the latter the privilege of using the airport in common with others, and also the exclusive use of the hangar and shop buildings on the airport grounds. The appellee River Terminals Company, plaintiff below, made an arrangement with S & M Flying Service, whereby the latter agreed to store an airplane belonging to plaintiff within the hangar building in the possession of the Flying Service. This airplane was in that hangar during…