Rowe v. United States

McCARREY, District Judge.

This action is brought under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., and has been submitted to the Court for determination of both the factual and legal questions as orally stipulated to by counsel at the time of trial with the facts being limited to the three written statements of fact filed at the time of trial, likewise conformant to counsel’s stipulation.

The Facts stipulated are:

But for the conflict as to the condition of the roads at the time of the accident and the presence of another Alaska Road Commission truck, the evidence is clear…