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TILLEY v. UNITED STATES

No. 10732.

375 F.2d 678 (1967)

Gordon TILLEY, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals Fourth Circuit.

Decided April 3, 1967.

Attorney(s) appearing for the Case

Kathryn H. Baldwin, Atty., Dept. of Justice, (John W. Douglas, Asst. Atty. Gen., Morton Hollander and Edward Berlin, Attys., Dept. of Justice, and Terrell L. Glenn, U. S. Atty., on brief), for appellant.

Henry Hammer and Harold C. Seigler, Columbia, S. C. (Charles D. Davis, Columbia, S. C., on brief), for appellee.

Before BOREMAN and WINTER, Circuit Judges, and KAUFMAN, District Judge.

BOREMAN, Circuit Judge:

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...

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