John Adams Fuchstadt v. United States

WATERMAN, Circuit Judge:

At dusk on a snowy afternoon in February 1964, two automobiles proceeding westerly on a divided four lane highway in Connecticut collided as they approached New York. The accident occurred on a dangerous curve as a vehicle driven by Robert Fabio, an employee of the United States acting within the scope of his employment, attempted to pass a car operated by the plaintiff, John Adams Fuchstadt. Plaintiff’s car left the road and crashed into a tree; severe injuries resulted.

An action was filed in the New York Supreme Court, Westchester County, for damages sustained from…