John A. James, and Service Fire Insurance Company of New York, Intervenor v. United States

RIVES, Circuit Judge.

By this action under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., appellant 1 sought to recover for severe personal injuries and property damage resulting from a collision between appellant’s automobile and an Army truck-van-trailer on the night of November 25, 1955. We pretermit a statement of the facts for they are fully developed in a thoroughly considered opinion by District Judge Benjamin C. Dawkins, Jr., reported in 151 F.Supp. 404 et seq. Judge Dawkins found that the appellant was barred from recovery because of his own contributory negligence.

For…