Eastern Brick & Tile Co. v. United States

FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER

DONALD RUSSELL, District Judge.

This is an action under the Federal Tort Claims Act (28 U.S.C.A. §§ 1346 (b) and 2671 et seq.) and arises out of a collision between an engine operated by the defendant over a small spur line near Shaw Air Force Base and a truck and trailer, loaded with certain heavy material, owned by the plaintiff.

On the basis of the testimony taken on trial before me, I make the following findings of fact and conclusions of law:

FINDINGS OF FACT

In order to provide rail service to Shaw Air Force Base, the defendant maintains and…