Smith v. United States

WALTER E. HOFFMAN, District Judge.

This is an action for damages brought by Clifton A. Smith, an infant, by Lillian E. Smith, his mother and next friend, against the United States of America under the provisions of the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b). The injuries resulted from the explosion of a rocket fuze 1 which Smith, a young boy of the age of seventeen, found near a railroad track in the City of South Norfolk, Virginia.

The material facts are shown by the pleadings, interrogatories and answers thereto, depositions and stipulation. Upon these facts both parties have moved…