Legal Opinion

McGill v. United States

Court of Appeals for the Third Circuit

Decided January 7, 1953No. 10839PublishedCited by 13 opinions

1Opinion of the Court

GOODRICH, Circuit Judge.

This case involves the liability of the United States under the Tort Claims Act 1 for an injury to a child trespasser. The ac cident occurred in 1 New Jersey and that state’s law controls. The trial court concluded that under the New Jersey rule the plaintiff could not recover and therefore awarded judgment for the defendant, although he assessed the damages.

The facts are undisputed. There is no complaint about the amount of damage the trial court found if anything is to be recovered at all. The injured plaintiff fell from a tower on land owned by the borough of…

2Cases cited9 opinions

  1. Strang v. South Jersey Broadcasting Co.Supreme Court of New Jersey · 1952
  2. Delaware, Lackawanna & Western Railroad v. ReichSupreme Court of New Jersey · 1898
  3. Turess v. New York, Susquehanna & Western RailroadSupreme Court of New Jersey · 1898
  4. Friedman v. Snare & Triest Co.Supreme Court of New Jersey · 1905
  5. Kaproli v. Central R.R. of N.J.Supreme Court of New Jersey · 1928

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3Cited by13 opinions

  1. John Brent Tarlton, Jr. v. William B. Saxbe, Attorney General of the United StatesCourt of Appeals for the D.C. Circuit · 1974
  2. Dugan v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1956
  3. Simmel v. New Jersey Coop Co.Supreme Court of New Jersey · 1958
  4. Harris v. Mentes-Williams Co., Inc.Supreme Court of New Jersey · 1953
  5. Merle H. Johnson, Administrator of the Estate of Stanley Matt Johnson v. United States of America, Merle H. Johnson v. United StatesCourt of Appeals for the Ninth Circuit · 1959

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