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O'TOOLE v. UNITED STATES

No. 73, Docket 25378.

284 F.2d 792 (1960)

Agnes Kelly O'TOOLE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 2, 1960.

Attorney(s) appearing for the Case

C. Joseph Danahy, Brooklyn, N. Y. (Bernard E Perelson, Brooklyn, N. Y., on the brief), for plaintiff-appellant.

Cornelius W. Wickersham, Jr., U. S. Atty. for Eastern District of New York, Brooklyn, N. Y. (Margaret E. Millus, Asst. U. S. Atty., Brooklyn, N. Y., on the brief), for defendant-appellee.

Before SWAN, CLARK and MEDINA, Circuit Judges.

MEDINA, Circuit Judge.

In the early hours of the morning of January 6, 1951 plaintiff was seriously injured when a government-owned automobile operated by Andrew Cunningham, an investigator assigned to the Alcohol and Tobacco Tax Unit of the Internal Revenue Service, left the highway, ran up on the sidewalk and struck a wooden telephone pole. Cunningham was pronounced dead on arrival at a hospital. The accident happened as he was driving plaintiff to her home after...

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