Dewey J. O'Brien v. United States

BONE, Circuit Judge.

This is a failing tree case. The timber fell upon a panel truck in which appellant was riding as it travelled along a public highway through the federally-owned Willamette National Forest in Western Oregon. Having sustained serious injuries, appellant brought suit under the Tort Claims Act, 28 U.S.C.A. § 1346(b), alleging that the Government (as owner of the forest land on which the snag or dead tree which fell was located) negligently failed to fulfill its responsibility to travelers upon the adjacent highway. Oregon law is applicable.

Pursuant'to the pre-trial order the…