Davies Flying Service v. United States

Appellant sued the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2674, for money damages resulting from the loss of appellant’s airplane allegedy caused by the negligence of a Civil Aeronautics Administration pilot. Finding that appellant had not sustained the burden of proving negligence, the District Court denied relief, and this appeal followed.

The airplane in question was the subject of a contract between appellant and appellee, under the terms of which appellant agreed to have the airplane available upon request at a Louisville airport for use by certified pilots of…