Davenport v. United States

WYCHE, District Judge.

Plaintiff brings this action for personal injuries under the provisions of the Federal Tort Claims Act, 28 U.S.C.A. § 2671, et seq. He alleges in his complaint that his injuries were the direct and proximate result of the negligent and reckless operation of an army truck owned by the defendant and operated by a member of the Armed Forces, acting in the line of duty and within the course and scope of his employment.

The defendant set up two defenses in its answer, (1) a general denial and (2) contributory negligence and recklessness of plaintiff’s father, the driver of the…