Shields A. Layne v. United States of America, Shields A. Layne v. United States

DUNIWAY, Circuit Judge:

The United States, defendant in this Federal Tort Claims Act action, appeals from the district court’s judgment of liability and award of damages in favor of the plaintiff Layne, challenging the finding of liability on the ground that Layne was contributorily negligent as a matter of law and alternatively requesting correction of the allegedly erroneous computation of the damages granted. Layne cross-appeals, claiming that the amount awarded by the district court was insufficient.

FACTS

The trial court found the facts substantially as follows:

At 5:00 p. m. on May 26,…