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LO BUE v. UNITED STATES

No. 125, Docket 21845.

188 F.2d 800 (1951)

LO BUE v. UNITED STATES et al.

United States Court of Appeals Second Circuit.

Decided April 25, 1951.

Attorney(s) appearing for the Case

H. G. Morison, Washington, D. C., Frank J. Parker, Brooklyn, N. Y., Joseph M. Brush, Edward C. Kalaidjian and Barry, Wainwright, Thacher and Symmers, all of New York City (Leavenworth Colby, Washington, D. C., of counsel), for respondent-appellant.

John P. Smith, Bigham, Englar, Jones & Houston and John M. Aherne, all of New York City (John L. Quinlan, New York City, of counsel), for respondent-impleaded-appellee.

Before AUGUSTUS N. HAND, CLARK and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. Although both parties attack it, we see no reason to disturb the conclusion of the trial judge that the government is primarily liable for causing libellant's injuries and that Jarka is secondarily liable therefor. His findings were based on ample evidence — much of it oral testimony — and his conclusion flowed logically from his findings.1 Consequently, the very most that the United States can claim...

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