Moye v. United States

ALLRED, District Judge.

Action under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., resulting from a collision on December 14, 1952, between plaintiff’s Ford automobile and a Chevrolet owned and driven by Sgt. Chas. C. Mauk, of the United States Army Air Force. Plaintiff’s twenty-five year old wife was killed and he was injured in the collision. Plaintiff sues for himself and as next friend to his four year old daughter. Under the evidence, Sgt. Mauk clearly was at fault and plaintiff was not guilty of contributory negligence. The only serious question in the case is whether…