United States v. G. v. Johnson, and His Wife Letha Johnson

RIVES, Circuit Judge.

This appeal is from a five thousand dollar judgment against the United States under the Federal Tort Claims Act1 for personal injuries consisting of nervousness and aggravation of a heart condition from which Mrs. Johnson was suffering. The appellant makes three contentions of error:

1. That the action was barred by the two-year limitation period in the Act;

2. That the rule of res ipsa loquitur was not applicable in determining negligence of the Government in the airplane crashes which occurred; and

3. That the doctrine of volenti non fit injuria is applicable and is a…