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landing lights off. He decided to remain at this point on the airport until he had obtained approval of a newly requested flight plan. He remained in this position on the airport for approximately eight minutes without requesting the Braniff ground station to notify TWA that he had not yet taken off.
6. At 2:21 a.m. Captain Boqua taxied away from the loading gate to a point on the west end of the loading ramp approximately 750 feet to the rear of the Braniff aircraft. Captain Boqua turned his landing lights on and began his take-off toward the southeast. After the tail of the TWA aircraft had left the ground Captain Boqua and First Officer Richwine first observed the Braniff aircraft almost directly ahead of them. Captain Boqua immediately closed the throttles, applied full left brake and rudder and rolled the control wheel to the left in order to raise the right wing. Captain Boqua had used reasonable care under the circumstances.
7. The right wing of the TWA aircraft struck the left wing of the Braniff aircraft with resultant damage to both aircraft.
8. There was a moderate rain falling at the time. The visibility was probably better than two miles.
9. An extensive construction program was in progress at the Wichita Municipal Airport at the time and this necessitated the use and frequent relocation of temporary boundary lights. Both captains had been adequately advised of the condition of the airport.
10. During the construction of the northwest-southeast runway it was the practice for air carrier aircraft to take-off on the sod paralleling this runway. Take-offs to the southeast were frequently made starting from on or near the ramp.
11. Although the airport rules and regulations forbade beginning take-offs within 300 feet of the loading ramp, the enforcement of
