Ewing v. United States

BECK, District Judge.

This is an action under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b) and 2671, for damages because of injuries sustained by the plaintiff, after she had mailed a letter in a United States mailbox at Deadwood, South Dakota, located and maintained on private property at the juncture of the inside lane of the adjoining sidewalk and an outside lane of the entrance to that property.

Her position essentially is this, that the post office department, some forty years ago, was negligent in locating its mailbox on the sloping terrain at that point and in permitting the…