WHITE v. UNITED STATES

No. 8823.

317 F.2d 13 (1963)

Luther W. WHITE, III, Administrator, C.T.A. of the Estate of Donald E. Meeks, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 22, 1963.


Attorney(s) appearing for the Case

George H. Gray, Norfolk, Va. (Outland & Gray, Norfolk, Va., on brief), for appellant.

Howard E. Shapiro, Attorney, Department of Justice (Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Claude V. Spratley, Jr., U. S. Atty., and Sherman L. Cohn, Attorney, Department of Justice, on brief), for appellee.

Before BRYAN and J. SPENCER BELL, Circuit Judges, and CRAVEN, District Judge.


J. SPENCER BELL, Circuit Judge.

Suit under the Tort Claims Act for death of plaintiff's intestate, one Donald E. Meeks, a veteran who died after being hit by a train while under treatment for mental illness at the Roanoke Veterans Administration Hospital at Salem, Virginia. Invoking the Virginia Wrongful Death Act, the Administrator charges that employees at the hospital failed to exercise the degree of care for the veteran's safety appropriate for his mental condition...

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