ELAM v. UNITED STATES

No. 13123.

250 F.2d 582 (1958)

James ELAM, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

January 3, 1958.


Attorney(s) appearing for the Case

Emanuel Nadlin, Dayton, Ohio, for appellant.

James E. Applegate, Asst. U. S. Atty., Cincinnati, Ohio, Hugh K. Martin, Columbus, Ohio, Thomas Stueve, Cincinnati, Ohio, for appellee.

Before ALLEN, McALLISTER and STEWART, Circuit Judges.


PER CURIAM.

This action was brought against the United States under the Federal Tort Claims Act to recover for personal injuries suffered by the appellant when as a pedestrian he was struck by a United States mail truck, at or near the intersection of Sixth and Main Streets, Dayton, Ohio, 28 U.S.C.A. § 1346.

After trial of the issues the district judge concluded that the appellant had "failed to prove by a preponderance of the evidence that * * * he was...

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