King v. United States

HOLMES, Circuit Judge.

Appellant brought this action under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., to recover damages caused by a student flier of the United States Army Air Force when he crashed a training plane into her home in San Antonio, Texas, setting fire to and destroying the home and its contents. Seven associated actions arose out of this crash, and the outcome of these actions depends upon the decision of the appeal now before the court. Summary judgment was rendered by the court below on the pleadings.

The facts are as follows: On or about July 11, 1948,…