Nellie Lou Lillie v. United States

LOGAN, Circuit Judge.

Plaintiff Nellie Lou Lillie appeals from a judgment in favor of the United States in an action tried to the court under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680. Plaintiff asserts that it was reversible error for the trial judge to view the scene of the accident without providing the parties notice or an opportunity to attend, and with no court reporter present. In the alternative, she argues that an evidentiary hearing is required to determine whether the court’s findings were based on the judge’s view as evidence. 1

Plaintiff sustained injuries when she fell…