Legal Opinion

Zwolinski v. United States

District Court, W.D. New York

Decided October 18, 1957No. Civ. A. No. 6287Published

1Opinion of the Court

MORGAN, District Judge.

The above entitled action is one for wrongful death of plaintiff’s decedent, and for personal injuries sustained by decedent, arising out of the alleged negligence of one Anthony Affrunti, a duly licensed operator of a United States mail truck. There is no question but that the operator was driving the mail truck under the authority of the Postal Service, an agency of the defendant, United States of America. Thus jurisdiction exists under 28 U.S.C. Section 2674. The accident occurred at about 7:55 P.M. on March 19, 1953, at the intersection of Lord and Clinton Streets,…

2Cases cited5 opinions

  1. Klein v. Long Island Rail RoadNew York Court of Appeals · 1952
  2. Matter of Donahue v. FletcherNew York Court of Appeals · 1949
  3. Klein v. Long Island Rail RoadNew York Supreme Court · 1950
  4. Walter v. StateNew York Court of Claims · 1946
  5. Fogal v. Mid-States Freight Lines, Inc.Court of Appeals for the Second Circuit · 1952

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