Smith v. United States

WARLICK, District Judge.

This is an action for personal injury and property damage arising under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2401 (b), and 2671-2680. The case was heard in Charlotte and came on for decision on the pleadings and the evidence offered. The action is one which arises from the collision of two automobiles, one operated by the plaintiff and the other by an admitted agent of the Government. The evidence heard was conflicting to the extent that an actual determination of it is rather difficult, — the facts as found represent a diligent and precise study based…