Hernandez v. United States

OPINION

BREWSTER, District Judge.

This action was brought under the Federal Tort Claims Act for damages for personal injuries to Jesse Hernandez, an *351adult, and Joe Rodriguez, a minor, and for the deaths of Salvador Hernandez, an adult, and of Jesse Rodriguez, a minor, resulting from an explosion on November 29, 1964 of a 37 millimeter warhead on a ranch in Taylor County, Texas, which had been a part of a United States Army artillery .practice range during World War II.

The explosion happened on a ranch owned by Clyde Sears, located about twenty-eight miles southwest of Abilene, Texas. All…