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UNITED STATES v. DUNCAN

No. 13750.

197 F.2d 233 (1952)

UNITED STATES v. DUNCAN.

United States Court of Appeals Fifth Circuit.

June 5, 1952.

Attorney(s) appearing for the Case

Frank B. Potter, U. S. Atty., Fort Worth, Tex., for appellant.

Jess Rickman, Kaufman, Tex., for appellee.

Before HOLMES, BORAH, and RIVES, Circuit Judges.

BORAH, Circuit Judge.

James E. Duncan brought this action against the United States under the Federal Tort Claims Act1 to recover damages for personal injuries sustained when he was pinned between the bumpers of two heavy trucks. The trucks, which were in line and in close proximity to each other, were parked on the shoulder of the highway and Duncan had gone in between them and was in the act of rigging a tow line when an Army truck,...

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