Legal Opinion
Henry James Taylor, an Infant Who Sues by and Through His Mother and Next Friend, Gertrude Marie Taylor v. United States
Court of Appeals for the Fourth Circuit
Decided November 15, 1963No. 9008_1PublishedCited by 3 opinions
1Opinion of the Court
J. SPENCER BELL, Circuit Judge.
The plaintiff appeals from a judgment of the district court under the Tort Claims Act. The court held that the defendant was not guilty of negligence under the applicable Virginia law. In support of its conclusion the court pointed out that the plaintiff had failed to prove that children were known to play in the area where the defendant was maintaining an admittedly dangerous instrumentality.
The infant plaintiff, aged 7 years and 7 months, was severely burned on August 22, 1956, when he got inside a transformer substation located between 100 and 125 yards from…
2Cases cited10 opinions
- Trimyer v. Norfolk Tallow Co.Supreme Court of Virginia · 1951
- Northern Virginia Power Co. v. BaileySupreme Court of Virginia · 1952
- Smith v. Virginia Electric & Power Co.Supreme Court of Virginia · 1963
- Waddell v. New River CompanyWest Virginia Supreme Court · 1956
- Northern Virginia Power Co. v. BaileySupreme Court of Virginia · 1952
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3Cited by3 opinions
- Henry James Taylor, an Infant, Who Sues by and Through His Mother and Next Friend, Gertrude Marie Taylor v. United StatesCourt of Appeals for the Fourth Circuit · 1966
- Taylor v. United StatesDistrict Court, E.D. Virginia · 1965
- Henry James Taylor, an Infant, Who Sues by and Through His Mother and Next Friend, Gertrude Marie Taylor v. United StatesCourt of Appeals for the Fourth Circuit · 1966