Mrs Billings Struck by RAF Aircraft Flying at 6ft - Info Req'd

[Observer1940]

Thank you Dennis,

I have just traced the piece in The Times, Law Report, which gives a little more detail about time and place. Updated original posting.

Compensation was granted to Mr Billings by Mr Justice Charles as you rightly say, of £450 (£200 under the Fatal Accidents Act and £250 under the Law Reform Act).

However, the defendant (Pilot) Reed was allowed Leave to Appeal and despite the admission of Negligence by the defence before the trial at Nottingham, the poor husband Mr Billings lost his compensation, because the injury was not a "war injury" according to the 1939 Act, as she had died two days later.

I expect the defence appealed to avoid paying out compensation to others who died in similar circumstances. To avoid a precedent.

CWGC give the implication on their Clara Jane Billings page that her civilian war death was enemy action, by stating this under her name ...

"Of the many civilians of the Commonwealth whose deaths were due to enemy action in the 1939-1945 War, the names of some 67,092 are commemorated in the Civilian War Dead Roll of Honour, located near St. George's Chapel in Westminster Abbey, London."

About time CWGC gave a more frank account.
Mark

[Larry]

Immediately after WW2 when my father was learning to fly on Harvards with 3 FTS at RAF Feltwell, it was quite normal for pilots to fly very low over the Fenlands. Obviously they had not been told of the dangers to others.

On one occasion my father was flying very low over the Fens and buzzed some farm workers picking potatoes. Instead of throwing themselves to the ground, they retaliated by throwing the potatoes they had in their hands directly at the Harvard. One potato even passed through the spinning prop and hit the canopy while others bounced off the sides! Perhaps these people had been buzzed a few too many times!

There but for the grace of god go I, as they say!

[Observer1940]

According to The Times, Law Report, Court of Appeal, Billings v. Reed, Mr Billings "alleged that the accident was caused by the negligent management and/or control of an aeroplane at Deeping St. Nicholas, Spalding, Lincolnshire, on May 20, 1942."

"Before the trial was begun at Nottingham negligence was admitted, and the only defence relied on was that no damages were payable by reason of Section 3 of the Personal Injuries (Emergency Provisions) Act, 1939."

Mark