LEDERHOUSE v. UNITED STATES

Civ. Nos. 5705-5707.

126 F.Supp. 217 (1954)

Raymond E. LEDERHOUSE, Plaintiff, v. UNITED STATES of America and Donald Truex, Defendants. Ralph COURTNEY and Mildred Courtney, Plaintiffs, v. UNITED STATES of America and Donald Truex, Defendants. Joseph KESSLER and Edith Kessler, Plaintiffs, v. UNITED STATES of America and Donald Truex, Defendants.

United States District Court W. D. New York.

On Further Consideration November 24, 1954.

On Reargument December 30, 1954.


Attorney(s) appearing for the Case

Robert F. Hille, Niagara Falls, N. Y., for plaintiff Lederhouse.

Phelps, Gray & Mansour, Niagara Falls, N. Y., for plaintiffs Courtney and Kessler, Salem G. Mansour, Niagara Falls, N. Y., of counsel.

John O. Henderson, U. S. Atty., Buffalo, N. Y., for defendant United States of America, Alexander C. Cordes, Asst. U. S. Atty., Buffalo, N. Y., of counsel.


KNIGHT, Chief Judge.

These three negligence actions brought under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., were tried together, by consent, to the Court without a jury.

Only the essential facts will be stated. The actions arose by reason of a collision on August 3, 1951, between the automobile owned by Raymond E. Lederhouse and then being operated by his wife Edith L. Lederhouse, going south on Route 5 (Main Street) with a...

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