Marino v. United States

BYERS, District Judge.

This is a personal injury cause instituted under Title 28 U.S.C.A. § 1346(b), Federal Tort Claims Act, and the procedure is regulated by Sections 2671-2679.

The plaintiff was seriously injured, suffering second and third degree extensive burns, while operating a tractor at Mitchell Field on October 29, 1946, at 3:59 P.M. His vehicle was struck by the wing of a P-51 fighter type 'airplane which was moving east on a taxiway, having turned into it from the runway which lies more than 1,000 feet to the west of the place of collision.

Because of its high riding nose when the…