BOADLE v. UNITED STATES

No. 26706.

472 F.2d 1014 (1973)

William J. BOADLE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

January 22, 1973.


Attorney(s) appearing for the Case

L. R. Bretz, Great Falls, Mont., for plaintiff-appellant.

Otis L. Packwood, U. S. Atty., William Brolin, Asst. U. S. Atty., Butte, Mont., for defendant-appellee.

Before HAMLIN, DUNIWAY and GOODWIN, Circuit Judges.


HAMLIN, Circuit Judge:

William Boadle appeals from a judgment of the United States District Court for the District of Montana, sitting without jury, denying him all recovery in an action brought against the United States pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346.

Appellant Boadle, then a 60-year old Montana rancher, sustained personal injury on March 24, 1967, when a bulldozer he was operating slid off Lick Creek Road, a snow-covered mountain...

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