Eva Rose Boling v. United States

An appeal has been brought by a plaintiff in an action for damages for alleged personal injury from the order of the District Court terminating the proceeding for lack of prosecution. The action was against the government under the provisions of the Tort Claims Act, 28 U. S.C.A. § 2671 et seq.

The power of the trial court to dismiss a cause where the matter has become stale by virtue of inaction by plaintiff is inherent and has been crystallized by rule. Rule 41(b), Federal Rules of Civil Procedure, 28 U.S.C.A. One of the causes of congestion of the trial dockets is the failure of courts to…