Seaboard Coast Line Railroad Company v. United States

GOLDBERG, Circuit Judge:

This is an appeal from an award of damages made pursuant to a finding that plaintiff-appellee, Seaboard Coast Line Railroad Company, had been injured by the negligent actions of defendant-appellant, the United States. The District Court found that plaintiff was injured by the government’s negligent performance of an operational function and that the plaintiff could maintain its action under the Federal Tort Claims Act. We affirm.

On October 31, 1967 a train belonging to plaintiff derailed, damaging plaintiff’s railroad tracks and cars and severely injuring one of…