SMIEL v. UNITED STATES

Civ. No. 6230.

147 F.Supp. 835 (1957)

Peter SMIEL, as Administrator of the Goods, Chattels and Credits of James Smiel, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court N. D. New York.

January 4, 1957.


Attorney(s) appearing for the Case

Hage & Ferris, Utica, N. Y., for plaintiff. Raymond J. Ferris, Utica, N. Y., of counsel.

Theodore F. Bowes, U. S. Atty., Syracuse, N. Y., for defendant. Richard Bolton, Troy, N. Y., of counsel.


BRENNAN, Chief Judge.

A troublesome question of liability exists in making the decision in this case.

Action is brought under the provisions of the Federal Tort Claims Act, 28 U. S.C.A. §§ 1346, 2671 et seq., to recover money damages based upon the alleged negligent operation of a United States mail truck resulting in the infliction of personal injuries upon the person of James Smiel which resulted in his death. A second cause of action, authorized...

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