Toledo v. United States

ROBERTS, District Judge.

This is an action for damages brought under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2671-2680. Plaintiff, on March 12, 1949, for the purpose of attending an athletic contest being conducted nearby, drove his automobile into the grounds of the United States Experimental Station at Mayaguez, Puerto Rico, and proceeding to an area therein used for the parking of automobiles, parked his automobile under and close to a large tree. The parties, at the opening of trial, stipulated that the land upon which the tree stood and the plaintiff’s automobile was parked…