Legal Opinion
Smiel v. United States
District Court, N.D. New York
Decided January 4, 1957No. Civ. No. 6230PublishedCited by 5 opinions
1Opinion of the Court
BRENNAN, Chief Judge.
A troublesome question of liability exists in making the decision in this case.
Action is brought under the provisions of the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., to recover money damages based upon the alleged negligent operation of a United States mail truck resulting in the infliction of personal injuries upon the person of James Smiel which resulted in his death. A second cause of action, authorized under the provisions of New York State law, seeks compensation to the estate of the deceased because of his conscious pain and suffering.
At the time…
2Cases cited3 opinions
- Wank v. AmbrosinoNew York Court of Appeals · 1954
- Verni v. JohnsonNew York Court of Appeals · 1946
- Meyer v. InguaggiatoAppellate Division of the Supreme Court of the State of New York · 1940
3Cited by5 opinions
- Rohlfing v. Moses Akiona, Ltd.Hawaii Supreme Court · 1961
- Jones v. United StatesDistrict Court, S.D. New York · 1967
- Ospina v. TWADistrict Court, E.D. New York · 1991
- In Re Inflight Explosion on Trans World AirlinesDistrict Court, E.D. New York · 1991
- Rohlfing v. Moses Akiona, Ltd.Hawaii Supreme Court · 1961