Carroll v. United States

WYCHE, Chief Judge.

In this action plaintiff seeks recovery of $1,000 from the United States under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1291, 1346, 1402, 1504, 2110, 2401, 2402, 2411, 2412, 2671-2680, for damages to his automobile, resulting from a collision with a diesel-electric locomotive of the defendant at a place where the highway crosses defendant’s railroad.

I viewed the scene of the collision and the approaches to it, with the consent, and in the presence of counsel for both parties, after having heard the testimony.

In compliance with Rule 52(a) of the Federal Rules of Civil…