Pendarvis v. United States

SIMONS, District Judge.

Defendant’s motion for summary judgment, under Rule- 56 of Federal Rules of Civil Procedure, in the captioned matter was heard during the March, 1965 term of court in Columbia. The court has carefully considered the record, including interrogatories propounded by defendant, answers thereto by plaintiff, and able arguments of counsel.

The action is brought pursuant to 28 U.S.C. § 1346 [b], Federal Tort Claims Act. Plaintiff’s complaint alleges that, on August 6,1963, at eleven o’clock p. m, plaintiff was negligently seized and injured in the front yard of his home in…