El Paso Natural Gas Co., a Corporation v. United States of America, United States of America v. El Paso Natural Gas Co., a Corporation

El Paso Natural Gas Co. has brought suit under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (1958), for loss of its airplane following collision with an aerial span maintained by the Coast Guard at LaPush, Washington. The United States has counterclaimed for damages to the span. Each party asserts that it was free from negligence and that the other was guilty of wanton misconduct. The action was tried without jury in the District Court for the Western District of Washington, Northern Division. That court found each party guilty of negligence, but neither guilty of wanton misconduct. Upon the complaint of El Paso judgment was rendered in favor of the United States; upon the counterclaim of the United States judgment was rendered in favor of El Paso. Both parties have appealed. The sole issue is whether, in its findings of negligence and lack of wanton misconduct, the District Court was clearly erroneous. Fed.R.Civ.P. 52(a); United States v. United States Gypsum Co., 333 U.S. 364 , 68 S.Ct. 525 , 92 L.Ed. 746 (1948).

The accident occurred June 27, 1961. The span consisted of five wires suspended for a distance of 1900 feet. It connected the Coast Guard station at LaPush with…