United States v. Miller

These two suits brought against the United States under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346 (b), 2671 et seq., arose as a result of the mid-air collision of two privately-owned light aircraft near Boeing Field, Seattle. The plaintiffs in one suit are executrices of the estate of Mark Peter Miller, pilot of one of the aircraft, who was killed in the accident. The plaintiff in the other suit is Terminal Flour Mills Company which owned the aircraft operated by Miller.

In both cases the plaintiffs’ claims were based on allegations of negligence on the part of Government employees in the control tower at Boeing Field. The United States denied negligence and alleged contributory negligence on the part of Miller. The cases were consolidated for a non-jury trial which resulted in judgments in favor of the plaintiffs, the total award being $123,085.60. The United States appeals.

On June 21, 1956, when this accident occurred, the Civil Aeronautics Administration (CAA) was an agency of the *705 United States authorized to maintain facilities and employ personnel for the regulation and protection of air traffic. 1 Among such facilities were airport control towers manned by CAA…