Henson v. United States

HULEN, District Judge.

Plaintiff seeks recovery under the Federal Tort Claims Act. 28 U.S.C.A. §§ 1346, 2671 et seq. The jurisdiction of the Court is questioned by the defendant's motion to dismiss on two grounds: (1) that the suit is not filed within the statutory, Tort Claims Act, period; and (2) the injury complained of is not covered by the provisions of the Tort Claims Act.

I. The complaint alleges exposure, as employee of defendant, in place of work as the result of which plaintiff contracted a severe cold in his chest causing illness and weakness of his lungs and respiratory tract, as a…