United States v. H. W. Bernhardt, and the City of Beaumont

BORAH, Circuit Judge.

This appeal is from a judgment for the plaintiffs and the third-party defendant in an action brought against the United States under the Federal Tort Claims Act, 1 - for damages for personal injuries sustained by five year old Kenneth Bernhardt when he pulled a mailbox over on himself.

Evidence without conflict showed the following: In the year 1950, the post office officials of Beaumont, Texas, installed the mailbox in question by placing it in close proximity to the north curb line on Harriot Street near the point where it intersects Park Street. In this immediate…