Callaway

Callaway v. Garber

Good Law
289 F.2d 171
United States Court of Appeals for the Ninth CircuitApril 21, 1961No. 16889California1,603 words

Opinion

Lead Opinion

Orr, J.

On May 3, 1957, W. L. Garber, a recruiting officer in the United States Navy, while operating his car on Navy business on a highway in Broadwater County, Montana, negligently drove said car into the rear-end of another auto which was owned and operated by Sergeant Carl J. Lange of the United States Air Force. Riding with Sergeant Lange at the time were two other Air Force sergeants, Robert F. Callaway and George F. Strong. The impact of the collision forced Sergeant Lange’s car into the opposite lane where it collided with an auto being driven by one Angus McArthur, a civilian. Sergeant Callaway received injuries from which he died about one hour after the accident.

At the time of the accident the three Air Force sergeants in Lange’s car were traveling from Ellsworth Air Force Base in South Dakota to Seattle, Washington, to attend a special school at the Boeing Aircraft Plant in Seattle for six weeks. *172 Their orders required them to leave South Dakota on May 2nd and report in Seattle on May 8th, but no means of transportation was provided or specified and they were free to do anything they wished and travel in any manner they desired so long as they reported in Seattle on May…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.