Martin S. Moye v. United States

HUTCHESON, Chief Judge.

Brought by plaintiff for himself and as next friend of his minor daughter, under the Federal Tort Claims Act, 1 the suit was for damages for the death of his wife and injuries to himself resulting from a collision between plaintiff’s automobile and an automobile belonging to, and being driven by one Charles Mauk, Airman First Class.

The claim was that Mauk’s negligence in the particulars alleged was the proximate cause of the injuries, and that at the time and place of the injury he was acting as an agent, servant, or employee of the Department of the Air Force and…