Joyce O'COnnOr as Administratrix of Benedict O'connor, Deceased v. United States

SWAN, Circuit Judge.

The United States has appealed from a judgment for plaintiff in an action brought under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., to recover damages for negligently causing the death of plaintiff’s husband. The grounds of appeal are alleged errors- in (1) denying defendant’s motion to dismiss the complaint for failure of proof, (2) making findings as to damages contrary to the evidence, and (3) awarding judgment in an excessive amount.

The issue of liability was tried to the court upon an agreed statement of facts. With defendant’s consent, plaintiff’s…