J. C. Henderson v. United States of America, United States of America v. J. C. Henderson

RIVES, Circuit Judge.

In this action brought under the Federal Tort Claims Act, 28 U.S.C.A. § 2671 et seq., plaintiff, a civilian, allegedly received his injuries at Fort Rucker, Alabama, when a half-ton truck driven by an agent of the United States backed into him on June 18, 1961. The district court held that the United States was guilty of negligence in the operation of the truck. It ruled that at the time of the accident the plaintiff was suffering from an osteoarthritic condition in his lower lumbar spine and sacrum area which manifested itself by spur formations in his cervical and…