Legal Opinion

United States v. Benson

Court of Appeals for the D.C. Circuit

Decided November 30, 1950No. 10477PublishedCited by 5 opinions

1Opinion of the Court

BAZELON, Circuit Judge.

The United States appeals from a judgment awarded against it under the Federal Tort Claims Act, 28 U.S.C.A. § 2671 et seq. Appellee, aged five years and seven months, was struck Iby a United States Navy truck on the morning of February 10, 1947, just after the truck turned off M Street, S. E., onto New Jersey Avenue. The court below, sitting without a jury, concluded that the driver of the truck was (1) exceeding the speed which would have been reasonable under the particular circumstances — viz., a heavily traveled thoroughfare in the vicinity of a school and known by…

2Cases cited4 opinions

  1. Railroad Co. v. GladmonSupreme Court of the United States · 1873
  2. Barstow v. Capital Traction Co.District of Columbia Court of Appeals · 1907
  3. American Ice Co. v. MooreheadCourt of Appeals for the D.C. Circuit · 1933
  4. Griffith v. SlaybaughCourt of Appeals for the D.C. Circuit · 1928

3Cited by5 opinions

  1. Stevens v. HallDistrict of Columbia Court of Appeals · 1978
  2. Herrell v. PimslerDistrict Court, District of Columbia · 1969
  3. Gulf Oil Corporation v. Ernest E. Reed, as Administrator of the Estate of Dwight K. Reed, DeceasedCourt of Appeals for the D.C. Circuit · 1964
  4. Byas v. DorseyCourt of Appeals for the D.C. Circuit · 1951
  5. Gulf Oil Corporation v. Ernest E. Reed, as Administrator of the Estate of Dwight K. Reed, DeceasedCourt of Appeals for the D.C. Circuit · 1964

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