TAYLOR v. UNITED STATES

No. 9008.

326 F.2d 284 (1963)

Henry James TAYLOR, an infant who sues by and through his mother and next friend, Gertrude Marie Taylor, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 15, 1963.


Attorney(s) appearing for the Case

Elmer B. Gower, Springfield, Va., for appellant.

Morton Hollander, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., Claude V. Spratley, Jr., U. S. Atty., and Sherman L. Cohn and Ernest J. Ettlinger, Attys., Dept. of Justice, on brief), for appellee.

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


J. SPENCER BELL, Circuit Judge.

The plaintiff appeals from a judgment of the district court under the Tort Claims Act. The court held that the defendant was not guilty of negligence under the applicable Virginia law. In support of its conclusion the court pointed out that the plaintiff had failed to prove that children were known to play in the area where the defendant was maintaining an admittedly dangerous instrumentality.

The infant plaintiff, aged 7 years...

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