Prudential Insurance Company of America, a Corporation v. Jean Lee Barnes, Appelleek

Pursuant to progress and changed conditions Arizona law enforcement officials,, in common with law enforcement officials of other Western states, have moved from the pursuit of cattle rustlers on horseback to the pursuit of ear thieves and other criminals who employ the fast moving automobile by the use of airplanes.

On the fifth day of October, 1957, the Sheriff’s Office of Maricopa County, Arizona, had an airplane at its disposal. The Sheriff caused to be instituted a search for a “get away” car which had been used in a recent bank holdup and also a search for a stolen truck. In the search the airplane, owned by Maricopa County, was used. Deputy Sheriff Gerald Barnes was assigned to go along in the plane as an observer. His duties during the course of the flight, as found by the trial court, “were to observe the ■ ground over which the airplane traversed and upon observing any suspicious or suspect areas to direct the pilot’s attention to such areas.” It is stipulated that Barnes had no duties with respect to the physical manipulation of the aircraft. Testimony established that acting as an observer on such flights was only an occasional job of deputy sheriffs and that this was…