United States v. The State of Washington and Wenairco, Inc., a Corporation, the State of Washington v. United States

This action arose from the crash of an aircraft and the provisions of the Federal Tort Claims Act, 28 U.S.C. § 1346 (b) and 28 U.S.C. § 2671 et seq.

The plane, a light tandem type, was owned by Wenairco and at the time of the crash was occupied by the pilot, Sam Violett, a bailee, and Martin Braun, his passenger. The men were then engaged in civil defense practice for the State of Washington, and both were killed. The State fulfilled its obligation for payment of compensation benefits to the survivors of its employees and then sought, by action against the United States, to recoup its loss. Wenairco also sued the Government, claiming damages for the destruction of its plane.

The Government’s liability is claimed to rest upon its negligence in the construction and operation of an electrical transmission line which the plane struck before falling to the earth. The line spanned the Entiat River valley between Entiat and Ardenvoir, Washington, and the span, 2260 feet long, was supported by two towers on the opposite sides of the valley. Each of the towers was 113.5 feet in height and placed at such elevations that the span’s wires hung from 430 feet to 525 feet above the valley’s…