Martha M. Kirk, an Adult, and Kenneth William Kirk, a Minor, Who Sues by His Guardian Ad Litem, Martha M. Kirk v. The United States of America

POPE, Circuit Judge.

This is an appeal from a summary judgment for the defendant in an action brought under the provisions of the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b) and 2674 -to 2680. The plaintiffs, appellants here, are the widow and minor child of William M. Kirk, who lost his life when he fell from a scaffold upon which he was working as a carpenter during the construction of Lucky Peak Dam on the Boise River in Idaho. The action was predicated upon the wrongful death statute of that State, § 5-311, Idaho Code.

Lucky Peak Dam was being constructed in accordance with plans and…