Vivian P. Boe, for Herself and for the Benefit of Donald Boe and Andrew Boe, Her Minor Children v. United States

On February 18, 1963, Arthur Howard Boe sustained injuries as the result of falling on the steps of the Post Office in New Rockford, North Dakota. Claiming that Boe’s death, on March 10, 1963, was proximately caused by the injuries he sustained in the fall, his widow, for herself and on behalf of her two minor children, instituted this wrongful death action against the United States, pursuant to the Federal Tort Claims Act, 28 U.S.C.A., §§ 1346(b), and 2671-2680.

The key issue below was whether the Government was negligent in improperly maintaining the steps and in failing to make adequate…