Mrs. Estelle C. Murray, Administratrix of the Estate of Woodroe D. Murray, Deceased v. United States

ALBERT V. BRYAN, Circuit Judge.

Under the Federal Tort Claims Act, 28 U.S.C. § 1346, the Administratrix of the estate of Woodroe D. Murray obtained a judgment in the District Court for damages for his death on the asserted ground that it was due to the neglect of a Veterans Administration Hospital physician. The trial judge determined there was, as a matter of law, such a breach of duty on the part of this doctor. With the facts not in conflict, we think the legal conclusion incorrect and so the award must be vacated.

Soon after midnight of December 26, 1960 at their home in Richmond, Virginia,…