Max Footlik v. United States

KILEY, Circuit Judge.

This is an appeal by plaintiff from an adverse judgment in his personal injury action against the United States under the Federal Torts Claim Act. 1

Plaintiff was struck and injured at nighttime by a United States mail ear while crossing Granville Avenue in Chicago, not at a crosswalk, at a point approximately one hundred feet west of Damen Avenue. The trial court found the driver of the mail car negligent, but further found that plaintiff was guilty of negligence which proximately caused his injuries. Judgment for defendant followed.

We see no merit in plaintiff’s…