United States v. Bowers

RIVES, Circuit Judge.

This appeal is from a judgment for the plaintiff in an action under the Federal Tort Claims Act. 1

Early on the morning of June 25, 1950, the plaintiff was driving his automobile on one of the mountain roads in the Elephant Butte Recreation Area operated and main tained by the Government in Sierra County, New Mexico. The road was about twenty-three and one-half feet wide, very mountainous and full of curves. According to the findings of fact by the district court, “This was about 6:00 o’clock a. m. and the rising sun was in such a position that it struck plaintiff full in…