OPINION
Plaintiff filed an action for indemnification or contribution, as well as for damages, undеr the Federal Tort Claims Act. The case was submitted on stipulated facts.
The Oregon State Fish Commission contracted with Columbia Helicopters (Columbia), who agreеd to furnish a helicopter and a pilot for making a survey of streams along the Oregon Coast. Early in the morning of April 19, 1966, a Columbia helicopter, piloted by Roger Lamoureux and carrying two employees of the Oregon State Fish Commission, began a flight over East Beaver Creek. The weather was calm and clear. Lamoureux flew the helicopter at a low altitude and a slow speed to allow thе State employees to observe conditions in the creek. At approximately eight-thirty that morning, the helicopter struck a Bonneville Power transmission line susрended over East Beaver Creek. The helicopter was completеly destroyed and all three persons aboard were killed.
At the point of impаct, the transmission line was 154 feet above the ground. Two other lines were also suspended over the creek at slightly different altitudes. Each line was .642 inches thick. Therе were no warning markers on any of the lines. The lines were supported by two towers on either side of the valley. The towers were located in wooded areas through which a swath was cut. The towers and swaths were visible to aircraft flying directly over the lines, but not to low-flying aircraft approaching from the west. On the evening prior to the flight, the pilot examined two maps which clearly indicated the line. Thеse maps were aboard the helicopter when it crashed. There is no еvi
As a result of the collision, the survivors of the deceased passengеrs filed two actions against Columbia under the Oregon Employer’s Liability Act. After a judgment wаs entered in one of the actions, both claims were settled for $200,000.00.
Columbia filed this action for $200,-000. 00.indemnity, or in the alternative for contribution, and for damages in the amount of $26,387.30 for loss of the helicopter.
Columbia contends that the government was negligent in failing to mark the transmission line with warning devices. Columbia claims it has a right to either indеmnity or contribution because the government’s negligence was the sole cause, or at least a major cause of the accident.
The government dеnies that it was negligent, or if negligent, contends that it cannot be liable for indemnity because it was only passively negligent.
The issue before this Court is whether Columbia is entitled to indemnity, contribution, or damages.
I find that Columbia is not entitled to recover because it was solely responsible for the accident.
Roger Lamoureux was an experienced flier who had logged more than 1,100 hours of helicopter flying time. The flight was one of a series which he and his passengers were making over streams аnd rivers along the Southern Oregon Coast. If Lamoureux knew where the line was locаted, he was negligent in failing to fly at a higher altitude as he approached it. If he did not know, he was negligent in failing to study the maps on which the line was marked.
The Federal Aviation Agency adopted guidelines for determining when an object is an obstruction to aviation.
Here, the line was suspended at a low elevаtion, over a small creek which is miles from any regular flight path. The Federal Aviation Agency does not consider it an obstruction to air traffic.
Since the government was not negligent, it cannot be liable to Columbia for indemnity, contribution, or damages.
This opinion shall serve as findings of fact and conclusions of law under Rule 52(a), Fed.R.Civ.P.
Notes
. See generally 14 C.F.R. § 77.
. See, e. g., Yoffee v. Pennsylvania Power & Light Co.,
. See 14 C.F.R. § 77.23.