Pignet v. City of Santa Monica

CRAIL, P. J.

This is an appeal from a judgment of dismissal after a nonsuit in favor of the City of Santa Monica and E. R. Carter in an action for damages for injuries resulting from the collision of the plaintiff’s airplane with the automobile of Weldon Van Gundy. Van Gundy is not an appellant and is hereinafter referred to as Van Gundy. The accident happened on Clover Field, an airport owned and operated by the City of Santa Monica. Carter was the manager of said field.

Clover Field Airport was provided with two runways which were 200 feet wide and which extended to the opposite corners of the field, crossing at the center, so that flights and landings could be made in any direction, depending on the direction of the wind. The plaintiff, for hire, had obtained the right to use said field for flying purposes, and was engaged in giving flying instructions to a student. At the time of the accident the plaintiff was landing his airplane. Van Gundy drove his automobile upon the runway in such a way as to collide with the plaintiff’s airplane while he was landing.

Since at the time of the collision there were no statutory rules governing the care which an airport was required to exercise to protect users of its field in an intrastate flight, the standard of care of an airport is to be judged by the general laws and rules of negligence pertinent and applicable to the facts.

(Parker

v.

Granger,

4 Cal. (2d) 668, at 677 [52 Pac. (2d) 226].)

The City of Santa Monica in conducting the Clover Field Airport was acting in a proprietary capacity, and as such was liable like and only like any other individual for

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damages and injuries caused by its negligence toward persons using its airport.

(Coleman

v.

City of Oakland,

110 Cal. App. 715 [295 Pac. 59].)