Benbow v. Wolf. Wolf v. United States

JAMES ALGER FEE, Circuit Judge.

An action was brought on behalf of a six year old minor named Wolf on the claim that personal injuries were sustained when a government mail truck driven by Benbow, employed as a mail carrier, negligently struck him. The United States, as the employer of the carrier, was also made defendant. Issues were joined by both defendants.

The question of the liability of the individual defendant was segregated and tried before a jury, which found in favor of the minor and assessed damages at $10,000.00. Thereupon, the Court, without a jury, based upon an admission of the…