Desch v. United States

DUFFY, Circuit Judge.

Plaintiff brought this action under the Federal Tort Claims Act, including 28 U.S.C.A. §§ 1346, 1402, and 2674, to recover damages for injuries resulting from the alleged negligence of the driver of a United States mail truck.

On August 26, 1947, plaintiff, then 54 years of age and a resident of Nebraska, owned arid operated a ladies’ dress shop in Central City, Nebraska. On that date plaintiff, who was in the city of Chicago on a buying trip, walked southerly along the east side of Franklin Street, and crossed from the northeast corner of Franklin and Van Burén Streets to…