Jones v. United States

*859OPINION

EDELSTEIN, District Judge.

This action, brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680, arises out of a collision between a post office truck and the infant plaintiff, Willis Jones. The action was tried by the court without a jury. The law to be applied is the substantive law of New York, 28 U.S.C. §§ 1346(b), 2674; Williams v. United States, 350 U.S. 857, 76 S.Ct. 100, 100 L.Ed. 761 (1955); Landon v. United States, 197 F.2d 128 (2d Cir. 1952).

The accident occurred on August 27, 1962, at or about 1:45 p. m. The situs of the accident was West 114 Street,…