Curry v. United States

WILLIAMS, District Judge.

In this action plaintiff seeks to recover Fifty Thousand ($50,000) Dollars from the United States under the Federal Tort Claims Act, 28 U.S.C.A. § 2674, for damages to his automobile and injuries to himself resulting from a collision with a diesel-electric locomotive of the defendant at a place where the highway crosses defendant’s railroad.

After hearing the testimony, with the consent and in the presence of counsel for both parties, I viewed the scene of the accident and the approaches to it at the same time of night the accident was alleged to have occurred.

In…