United States v. Mary Jean Murray

LANGLEY, District Judge.

Two men, passengers in a private airplane, were killed when the plane crashed at the Bryce Canyon Airport, in Utah, in an attempt by the pilot to obtain runway lighting at night by circling or buzzing the field. Their survivors filed this action against the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), in the District Court for the District of Utah, claiming negligence of the government’s employees as the cause of the accident. From an adverse judgment, 327 F.Supp. 835, the United States has appealed.

No contention is made that discretionary…