United States v. Campbell

HUTCHESON, Circuit Judge.

Brought under the Federal Tort Claims Act, 1 the suit was.for damages for personal injuries received by plaintiff, a civilian, at the hands of a member of the Naval Forces of the United States.

The claim was that while she was standing on the sidewalk near the railroad station, she was negligently and wrongfully collided with and knocked down by a sailor wflio, “in line of duty”, 2 was running to board a troop train then slowly moving out of the station.

The defenses were a general denial, a plea of contributory negligence, and a plea that the negligent act complained…