Boeing Airplane Company, a Delaware Corporation v. Virginia Brown and Albert K. Brown, Jr., by His General Guardian, Virginia Brown

This wrongful death action is an outgrowth of the explosion and crash of a military airplane over Tracy, California, on February 16, 1956. The plane was a B-52 jet bomber manufactured by Boeing Airplane Company and delivered to the United States Air Force on December 19, 1955. Major Albert K. Brown, Sr., a member of the crew, lost his life in the accident. He left a minor son in whose behalf this action was brought against Boeing. The United States District Court, Western District of Washington, Northern Division, had diversity jurisdiction. 28 U.S.C.A. § 1332 .

After a non jury trial judgment was entered for plaintiff in the sum of $26,-000. Boeing appeals, contending that the findings of fact do not support the conclusion of law that Boeing is liable, the findings of fact as to negligence and causation are clearly erroneous, inadmissible evidence was received, and there was supervening independent negligence by the United States Air Force which relieved Boeing from liability.

The explosion which resulted in the loss of the bomber was caused by a malfunction of the right front alternator drive with which the airplane was equipped. An alternator is a device for the generating of…