Ronald Smoczynski, a Minor by Joseph Smoczynski, His Father and Next Friend v. United States

ENOCH, Circuit Judge.

Plaintiff, Ronald Smoczynski, a minor, brought this action by his father and next friend, Joseph Smoczynski, under the Federal Tort Claims Act to recover damages for injuries sustained through the alleged negligence of defendant’s agent, the driver of a U. S. Mail truck. A separate trial on the issue of liability was had by the Court sitting without a jury.

At the close of the plaintiff’s case, the District Judge sustained the defendant’s motion for dismissal under Rule 41(b), Federal Rules of Civil Procedure, pursuant to which he entered findings of fact and conclusions…