Cameron Smith by His Next Friend, E. J. Smith v. United States

HOLLOWAY, Circuit Judge.

This action under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1846(b), 2671 et seq., concerns a tragic accident in Yellowstone National Park. Plaintiff sought damages for personal injuries received when he fell into a super-heated thermal pool in the Park. The district court entered judgment for the United States, 383 F.Supp. 1076, and this appeal followed. On the appeal we must consider whether the record as a whole gives substantial support to the trial court’s findings. So viewed, there was proof tending to show these facts:

Plaintiff Cameron Smith was fourteen years…