JOHNSON v. UNITED STATES

No. 230, Docket No. 20941.

168 F.2d 886 (1948)

JOHNSON v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

June 28, 1948.


Attorney(s) appearing for the Case

Theodore J. Drach and Irving Ginsberg, both of Staten Island, New York, for appellant.

J. Vincent Keogh, U. S. Atty., of Brooklyn, N. Y. (Frank J. Parker, of Brooklyn, N. Y., of counsel), for appellee.

Before SWAN, CLARK and FRANK, Circuit Judges.


FRANK, Circuit Judge:

Were this an appeal from a jury verdict, we should have to sustain the conclusion of lack of negligence on the part of the truck's driver. As the case was tried to a judge, on this appeal we must accept the trial court's findings of fact unless "clearly erroneous," and there is no contention that they are not supported by the evidence. Whether the facts as found show negligence presents a question of "law" in respect to which we are not bound...

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