Middleton v. Cox

HENRIOD, Justice:

Appeal from a summary judgment dismissing plaintiff’s complaint. Affirmed, with costs to defendant.

The deceased Cox was a Civil Air Patrol pilot operating under the provisions of 10 U.S.C. §§ 8012, 9441,1 when called upon to perform services denominated in the act. He was sought out to conduct an aerial search on the occasion of a lost plane in the area. In conducting such search, regulations required that an observer accompany the flight. The deceased Middleton, whose estate is represented by the plaintiff, volunteered his services as observer. Cox did not seek him out,…