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JOHNSON v. UNITED STATES

No. 75-1222.

528 F.2d 489 (1975)

Connie Dare JOHNSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 16, 1975.

Attorney(s) appearing for the Case

Matthew A. Clary, III, Springfield, Va. (Scott, Blackburn & Clary, Springfield, Va., on brief), for appellant.

Elsie M. Powell, Asst. U.S. Atty. (William B. Cummings, U.S. Atty., on brief), for appellee.

Before CRAVEN, BUTZNER and FIELD, Circuit Judges.

CRAVEN, Circuit Judge:

Connie Dare Johnson brought suit against the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346(b). She now appeals from the decision of the district judge that the driver of a mail truck that struck her vehicle from behind was not negligent. Because the district court inadvertently predicated its decision upon findings of fact without evidentiary support in the record, we reverse and remand with instructions.

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