Smerdon v. United States

SWEENEY, Chief Judge.

This is an action brought under the Federal Tort Claims Act, Title 28, U.S.C.A. § 1346(b). The case was heard on the question of liability alone in the first instance as counsel indicated that the evidence and the question of damages would be rather lengthy. I do not feel that the case is close enough to warrant the expenditure of money necessary to take evidence at this time. If the Court is wrong in this view, it can be taken later just as well.

Findings of Fact

The plaintiff is the Administrator of the Estate of David H. Barnes. On the morning of November 23, 1953,…