STANCIL v. UNITED STATES

Civ. A. No. 2497.

200 F.Supp. 36 (1961)

Rosa L. STANCIL, Administratrix of the Estate of George Ben Stancil, deceased, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. J. R. HOUSKA COMPANY, Inc. and Shaw Paint & Wallpaper Company, Inc., Third-Party Defendants.

United States District Court E. D. Virginia, Norfolk Division.

December 8, 1961.


Attorney(s) appearing for the Case

Fine, Fine, Legum & Schwan, Howard I. Legum, Norfolk, Va., for plaintiff.

C. V. Spratley, Jr., U. S. Atty., Norfolk, Va., Breeden, Howard & MacMillan, R. R. MacMillan, Williams, Cocke, Worrell & Kelly, Jack E. Greer, Rixey & Rixey, Wm. B. Eley, Norfolk, Va., for defendant.


WALTER E. HOFFMAN, Chief Judge.

In this action seeking a recovery under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq. for the wrongful death of Ben Stancil who was electrocuted on April 30, 1957, while engaged in painting in the vicinity of high tension wires on property of the United States, there are essentially three questions remaining for consideration. They may be stated as follows:

(1) Where a defendant seeks the benefit of...

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