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UNITED STATES v. BENSON

No. 10477.

185 F.2d 995 (1950)

UNITED STATES v. BENSON et al.

United States Court of Appeals District of Columbia Circuit.

Decided November 30, 1950.

Attorney(s) appearing for the Case

L. Clark Ewing, Asst. U. S. Atty., Washington, D. C., with whom George Morris Fay, U. S. Atty., Ross O'Donoghue, Stafford R. Grady, and Joseph M. Howard, Asst. U. S. Attys., all of Washington, D. C., were on the brief, for appellant.

Jeff Busby, Washington, D. C., with whom Jeff Busby, Jr., and Rowell Thomas Crocker, Washington, D. C., were on the brief, for appellee.

Before CLARK, PROCTOR and BAZELON, Circuit Judges.

BAZELON, Circuit Judge.

The United States appeals from a judgment awarded against it under the Federal Tort Claims Act, 28 U.S.C.A. § 2671 et seq. Appellee, aged five years and seven months, was struck by a United States Navy truck on the morning of February 10, 1947, just after the truck turned off M Street, S. E., onto New Jersey Avenue. The court below, sitting without a jury, concluded that the driver of the truck was (1) exceeding the speed which would have...

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