Ruby Humphreys, Administratrix of the Estate of William Orvie Humphreys, Deceased v. United States

HEALY, Circuit Judge.

In July of 1957 plaintiff brought suit in the District of Oregon against the United States under the Federal Tort Claims Act, 28 U.S.C.A. § 2671 et seq., asserting damages suffered because of the death of her husband on May 24, 1956, while attempting to rescue his brother from a well at Cove Mountain Lookout, Arkansas. Plaintiff alleged that the death of her husband was proximately caused by the negligence of the Government’s agent at the Mountain; hence the United States was liable to her for damages under the Act.

The Government answered the complaint in October 1957…