Modla v. United States

MODARELLI, District Judge.

This is an action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 1402(b). Defendant stipulated and conceded that on January 7, 1954, it owned and operated the Chapel Avenue Pier and ground adjacent thereto located in J ersey City, N ew J ersey. At said time and place, plaintiff, an employee of the stevedoring firm of Nacirema Operating Company, Inc., was working on the piers referred to under a contract between the Department of the Army and the company. Plaintiff alleges that defendant negligently maintained the pier area, which negligence…