O'BRIEN v. UNITED STATES

No. 16335.

275 F.2d 696 (1960)

Dewey J. O'BRIEN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

February 24, 1960.


Attorney(s) appearing for the Case

E. B. Sahlstrom, Eugene, Or., Philip A. Levin, Portland, Or., for appellant.

C. E. Luckey, U. S. Atty., Portland, Or., for appellee.

Before BONE, BARNES and JERTBERG, Circuit Judges.


BONE, Circuit Judge.

This is a falling tree case. The timber fell upon a panel truck in which appellant was riding as it travelled along a public highway through the federally-owned Willamette National Forest in Western Oregon. Having sustained serious injuries, appellant brought suit under the Tort Claims Act, 28 U.S.C.A. § 1346(b), alleging that the Government (as owner of the forest land on which the snag or dead tree which fell was located) negligently failed...

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