MacKay v. United States

SMITH, District Judge.

This is an action for damages brought under the Tort Claims Act to recover for personal injuries and property damage sustained in a collision between plaintiff’s automobile and a truck, alleged to be the property of the United States, said collision claimed to have been caused by the negligence of the defendant Boynton, driver of the truck and a member of the Maine National Guard, whom the plaintiff contends was an agent and employee of the United States. The government moves for summary judgment pursuant to rule 56(b), Federal Rules of Civil Procedure, 28 U.S. C.A., on…