Schwentker v. United States

MEMORANDUM DECISION

BECK, District Judge.

This is a wrongful death action by the special administratrix of the estate of Oliver Homer Schwentker, deceased, un*519der this state’s Wrongful Death Statute1, with jurisdiction in this court and authority for it grounded on the Federal Tort Claims Act, § 1346(b)2 and § 2674 3.

It is premised on the theory that her husband’s fall, December 3, 1966, on the Rapid City post office floor, inside the west-side exit door, the injuries thereby sustained and his death six days later, amounted to negligence on the part of the defendant, its agents, employees and…