Canon v. United States

HEALY, Circuit Judge.

This is an appeal from a judgment denying recovery in a suit brought under the Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq. The trial court, sitting without a jury, ordered a dismissal at the close of the case for the plaintiff. The opinion of the judge outlining the situation and giving his reasons for the judgment is reported in Cannon v. United States, D.C., 84 F.Supp. 820. His opinion dispenses with the need for any extended discussion here.

The testimony of the plaintiff was that while she had varicose veins prior to her being employed in the DeWitt General…