Morris Mandelbaum v. United States of America, and Frank Savage

HINCKS, Circuit Judge.

This is an appeal from a judgment entered for the defendant United States after trial without a jury in an action, arising out of a vehicular collision, brought under the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b). The defendant Savage, who was the driver of the defendant’s vehicle, was never served but, as hereinafter appears, testified in the plaintiff’s behalf.

The following facts are undisputed. For approximately three months before the incident giving rise to this suit, Savage was stationed at the Fort Hamilton army base in Brooklyn. He had never been in the…