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MAHLER v. UNITED STATES

No. 13726.

306 F.2d 713 (1962)

Leopold W. MAHLER and Helen E. Mahler, his wife, and Bertha Ebertsheim, Appellants, v. UNITED STATES of America.

United States Court of Appeals Third Circuit.

Decided June 27, 1962.

Attorney(s) appearing for the Case

Robert A. Cohen, Pittsburgh, Pa. (Goldstock, Schwartz, Cohen & Schwartz, Pittsburgh, Pa., on the brief), for appellants.

Jerome I. Levinson, Washington, D. C. (William H. Orrick, Jr., Asst. Atty. Gen., Joseph S. Ammerman, U. S. Atty., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and HASTIE, Circuit Judges.

BIGGS, Chief Judge.

Jurisdiction in the case at bar is asserted under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680, to recover damages for property damage and personal injuries suffered by the plaintiffs-appellants, when the car in which they were riding on September 21, 1958, ran into a large boulder that had fallen from a steep embankment onto the Penn-Lincoln Parkway in Pittsburgh, Pennsylvania...

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