had a line of vision of 36 nautical miles; at the altitude of 5000 feet, 41 1/2 nautical miles; at the altitude of 6000 feet, 48 1/2 nautical miles; at the altitude of 7000 feet, 51 nautical miles; and at the altitude of 8000 feet, 55 nautical miles. Immediately prior to the collision it will be recalled that the T-33 was climbing up to 8000 feet. At that height the range of vision of the radar was 55 nautical miles, far greater than the distance between the point of impact and the Washington National Airport.
A somewhat similar state of facts was presented in a case to which reference has already been made, Eastern Air Lines, Inc. v. Union Trust Co., 95 U.S.App.D.C. 189, 221 F.2d 62. That case involved a collision between a passenger airplane and a private airplane near the Washington National Airport. One of the findings of fact made by the Trial Court which formed the basis of a judgment against the United States, was that there had been a failure of the Control Tower personnel to issue a timely warning to the Eastern Air Lines plane as to the presence of a P-38 on final approach and in the failure also to warn the P-38 that Eastern was on final approach. The Court of Appeals affirmed the judgment against the Government rendered by the District Court.
Another case that is somewhat similar has also been already referred to, United Air Lines v. Wiener, 335 F.2d 379, 396, decided by the Ninth Circuit. In that case it was held that the failure of the Civil Aeronautics Administration to notify the United Air Lines of the existence and utilization of a certain military flight procedure in the airway through which the United Air Lines plane was flying constituted negligence for which the Government was liable and that this negligence was one of the causes of the disaster to the airplane of United Air Lines.
The Court concludes that the Government personnel at the Washington Traffic Control Center, acting within the scope of their Government employment, were guilty of actionable negligence in failing to observe sufficiently the presence of the T-33 in the vicinity of the Viscount and to transmit timely warning of its presence to the pilot of that craft.
The Court further concludes that this negligence was a proximate cause of the deaths of the two plaintiffs' intestates and of the destruction of the plane of Capital Airlines, for which the United States must be held liable.
Accordingly, the judgments heretofore entered in favor of the estates of the pilot and the co-pilot and in favor of Capital Airlines Co., Inc., to which reference has already been made, are hereby reinstated.
This decision will constitute the findings of fact and the conclusions of law, but counsel, if they see fit to do so, may submit for the consideration of the Court additional proposed findings and conclusions of law.
You may submit a proposed judgment.
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