Sibyl I. McCluggage v. United States

McCREE, Circuit Judge.

This is the Government’s appeal from a judgment for plaintiffs in the aggregate sum of $247,682.59 in a Federal Tort Claims action for injury to plaintiff Sibyl McCluggage resulting from the negligent act of an enlisted member of the United States Air Force. The substantial amount of the judgment is amply supported by the evidence and no appeal has been taken from this determination or from the finding that the serviceman was negligent. The only question presented by this appeal is that of the liability of appellant.

The parties concede and we agree that the law of Ohio…