by L. W. Pogue, H. Branch, O. Ryan, and E. Warner for the Civil Aeronautics Board

“ United was operating at the time of the accident as an air carrier under certificates of public convenience and necessity and air carrier operating certificates issued pursuant to the Civil Aeronautics Act of 1938, as amended, which authorized it to engage in air carrier transportation with respect to persons, property, and mail on various routes, including Route No. 1 between the co-terminal points New York, New York, and Newark, New Jersey, and the terminal point Oakland, California. ”

“ Trip 12 was cleared in accordance with procedure from Chicago, Illinois, and Cleveland, Ohio, and proceeded normally until New York, New York. At the time of departure from Cleveland, and at the time of the accident, the gross weight of the airplane did not exceed the permissible gross weight and the aircraft was loaded properly with reference to the location of the center of gravity. At the time of the accident, weather conditions at La Guardia Field were above the approved minimums. Captain Wilson was flying the aircraft at the time of the accident. ”

“ The United States Weather Bureau and United's forecasts proved to be accurate within reasonable limits.
Captain Wilson and First Officer Butterfield agreed that the engines, propellers, airplane controls and radio equipment were functioning normally during the entire flight.
The fact that there was an appreciable amount of ice still on the aircraft after landing was substantiated by witnesses. Two westbound pilots landed at Cleveland shortly before the arrival of Trip 12. They told Captain Wilson that they had encountered icing conditions shortly after leaving New York. ”