Connie Dare Johnson v. United States

CRAVEN, Circuit Judge:

Connie Dare Johnson brought suit against the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346(b). She now appeals from the decision of the district judge that the driver of a mail truck that struck her vehicle from behind was not negligent. Because the district court inadvertently predicated its decision upon findings of fact without evidentiary support in the record, we reverse and remand with instructions.

I

The following facts were either stipulated or uncontradicted:

On July 11, 1972, Miss Johnson was driving her 1964 Ford Galaxie in the northbound lane…