A government-owned P-51 fighter plane landed at a Los Angeles airport and waited on a runway for

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A government-owned P-51 fighter plane landed at a Los Angeles airport and waited on a runway for a tow truck, on instructions from the tower. Shortly thereafter, a plane owned by Douglas Aircraft Company began approaching the airfield to land. The Douglas aircraft struck the P-51, which was parked on the runway. The United States brought suit against Douglas, claiming that the Douglas pilot was negligent. During the trial, evidence was introduced indicating that the Douglas pilot was careless in not seeing the parked P-51, but that the airport was covered with a haze and the P-51 was painted in camouflage colors. Also, the Douglas pilot had “zigzagged” his plane while taxiing in order to improve his forward vision. The trial was conducted before a jury. The government claimed that the issue of whether the Douglas pilot was negligent was an issue of law for the judge to decide. Douglas claimed that it was an issue of fact for the jury to decide. Which one is correct? (United States v. Douglas Aircraft Company, 169 F.2d 755, 9th Cir.)

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