KNOCH, Circuit Judge.
Plaintiff, Ronald Smoczynski, a minor, brought this action by his father and next friend, Joseph Smoczynski, under the Federal Tort Claims Act to recover damages for injuries sustained through the alleged negligence of defendant's agent, the driver of a U. S. Mail truck. A separate trial on the issue of liability was had by the Court sitting without a jury.
At the close of the plaintiff's case, the District Judge sustained the defendant...
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