Evening star., 1953-05-06
u. 5. Also Held
Liable in Crash
Of AirIiner
Court Cites Failure
Of Tower Personnel,
UphoIds Award

Judge Matthew F. Mcclure
yesterday held the Federal Gov
ernment jointly responsible with
Eastern Airlines for a mid-air
collision near Washington Ma
tional Airport, in which IS per-
sons died on November /, 1949.
The crash between q four-en.
gine Eastern liner and a P-38
fighter, flown by Bolivian Pilot
Eric Rios Bridoux, was the worst
in aviation history up to that
time.
Capt, Rios, who had been a de-
fendant but was absolved Of
blame, was the only survivor.
In a lengthy memorandum
opinion. Judge MCGUIRE of the
U. S. District Court for the Dis
trict of Columbia, also upheld a
$65, 900 jury award to the es-
tates of Ralph E. Miller and his
wife, Mrs. Mildred Miller. who
lived at 5612 Grove avenue.
Chevy Chase.
The award to the Miller es-
tateS was granted on March 13,
and at the same time Eastern
was held liable. The question Of
the Governments responsibility
had been taken under advise
ment by Judge MCGUIRE.
Holds Immunity Waived.
The judge also determined that
the United States had waived its
immunity from suit, was negli-
gent in operation Of the airport
control tower, did not give either
aircraft sufficient warning and
fixed the site of the crash within
the District of Columbia.
The Importance of fixing the
exact site of the collision related
to the amount of damages the
Jury could have awarded. Had
the accident been placed in Vir-
ginia, the limit would have been
SIS, 900. Damages for death In
the District are unlimited.
Judge MCGUIRE brushed aside
the Governments contentious it
could not be sued because it was
a sovereignty.
Suit Was Test.
"The present climate of public
opinion, of which the Federal
Tort Claims Act is the most con-
spicuous example. is to the eff
feet that the fiction Of sover-
eighty is for the most part out
mpded !" he wrote. e,5@ Isl =
At the outset of the tWo-month
trial it was agreed the Miller es-
tate suits would be a test case to
fix liability between Eastern. the
Government and Capt. Rios.
Some 80 other actions involv-
ing claims for $40 million hinge
on whether Judge McGuire's ruiz
ing yesterday stands the tests In
the upper courts.
The judge said the Federal
Tort Claims Act valves the Gov
ernment's immunity from suit In
sweeping language" He also as
serted that Congress, for years,
has recognized the Governments
obligation. to pay damage claims.
This act merely substitutes the
District Courts for Congress as
the agency to determine, the va
lidity and amount of claims" he
declared.
Finds Failure in Tower.
In fixing responsibility upon
the Government jointly with the
jury's decree against Eastern,
Judge MCGUIRE said: II find there
was failure of the control tower
personnel to issue a timely warn
ing to the Eastern plane as to the
P-38 being on final approach.
"Also, to warn the P-38 that
Eastern was on the final ap-
proach.
In clearing both planes for
the same runway at approxi-
mately the same time, having in
mind their respective positions
in relation to each other and the
speed of both their approach and
descent, and to keep both planes
advised as to the activities Of the
other"
The control tower is oper-
ated by the Civil. Aeronautics
Board, a Federal agency.
Sum Not Excessive.
Writing of damages-$50, 900
to the estate of Mr.. Miller and
$4,000 to his wife's-the jurist
observed:
Nor do I in the present state
Of the economic worth of the
dollar and the evidence adduced
herein conclude in either case
such sums to be in any way ex-
ceSSive."
Assistant United States Attor-
ney Ross O'Donoghue said the
Government will take the mat
ter of appeal under advisement.
Richard Galiher, lawyer for the
airline already has announced
he will appeal.
The Miller estates were repre-
sented by Attorney David G..
Bress. Capt. Rios had youthful
H. Brainard Warner, furnished
by the District Legal Aid Society,
as his lawyer.