which resulted in the death of the plaintiff's intestate.
2. Lt. Andrews was negligent in not, after he had entered the
overcast, preparing himself for any eventuality which would
prevent him from losing control of his aircraft which caused him
to release the canopy which struck and killed plaintiff's
3. Lt. Andrews was negligent in not going around the storm
clouds when it was within his discretion to do so.
4. The negligence above set forth was the proximate cause of
the death of the plaintiff's intestate.
5. The doctrine of res ipsa loquitur does not apply to this
6. The doctrine of "Act of God" does not apply because of the
intervening force of man.
7. The deceased and the plaintiff and the next of kin were in
the exercise of due care and caution for their own safety.
8. The deceased prior to his death was earning $1.571 per hour
for a regular work week of 40 hours, that his expectancy of life
was 26.01 years and that he left him surviving his widow,
Evalenar Bright, and his daughter, Irene Fay Bright, age 13, as
his child and only heir-at-law, dependent upon him for support.
9. The plaintiff as administratrix of the estate of Victor O.
Bright, deceased, should have and recover of and from the United
States of America, the defendant, the sum of $25,000 as and for
her damages herein.
10. A fair and reasonable fee for Mr. Walter C. Wellman and Mr.
Glendon C. Hodson, attorneys for plaintiff, is the sum of 20% of
the amount recovered; namely, $5,000.
11. The remainder; namely, $20,000 should be distributed as
follows: $16,000 to the widow, Evalenar Bright, and $4,000 to
Irene Fay Bright, minor child, dependent upon the deceased for
The above opinion shall be considered as the findings of facts
and conclusions of law in this case as provided for by Rule 52 of
the Rules of Civil Procedure, Title 28 United States Code.
An order shall be prepared in accordance with the above
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