[DOWNLOAD] "Tilley v. United States" by United States Court of Appeals for the Fourth Circuit " Book PDF Kindle ePub Free

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eBook details

• Title: Tilley v. United States
• Author : United States Court of Appeals for the Fourth Circuit
• Release Date : January 03, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Gordon Tilley sued the United States under the Federal Tort Claims Act and Delta Airlines for damages for injuries suffered when a Delta jet plane in which he was a passenger skidded off the paved portion of a runway into soft ground. The action against Delta, tried before a jury, resulted in a verdict in favor of Delta Airlines. In the action against the United States, tried on the same evidence and at the same time before the court pursuant to 28 U.S.C. § 1346(b) and § 2402, the court held the United States liable to plaintiff for negligence of the tower controller, a Federal Aviation Agency (FAA) employee, in failing to follow applicable regulations, in failing to anticipate and prevent an emergency situation and in issuing orders to the Delta pilot. Upon a finding that a pre-existing back injury had been aggravated Tilley was awarded $17,500. The Government appeals and contends that since the primary duty for operating an aircraft rests in the pilot the District Court erred in holding the United States liable for plaintiffs injuries. We feel compelled to reverse the judgment below.

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