O'CONNOR v. UNITED STATES

No. 27, Docket 24576.

251 F.2d 939 (1958)

Joyce O'CONNOR as Administratrix of Benedict O'Connor, Deceased, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals Second Circuit.

Decided January 28, 1958.


Attorney(s) appearing for the Case

George Cochran Doub, Asst. Atty. Gen., Leonard P. Moore, U. S. Atty., Brooklyn, N. Y., and George S. Leonard, First Asst. Civil Division, Washington, D. C., for appellant.

Herbert A. McDevitt, New York City, for appellee.

Before SWAN, MEDINA, and WATERMAN, Circuit Judges.


SWAN, Circuit Judge.

The United States has appealed from a judgment for plaintiff in an action brought under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., to recover damages for negligently causing the death of plaintiff's husband. The grounds of appeal are alleged errors in (1) denying defendant's motion to dismiss the complaint for failure of proof, (2) making findings as to damages contrary to the evidence, and (3) awarding judgment...

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