(DOWNLOAD) "Gene Owens Hall v. United States America" by United States Court of Appeals for the Ninth Circuit " eBook PDF Kindle ePub Free

eBook details

Title: Gene Owens Hall v. United States America
Author : United States Court of Appeals for the Ninth Circuit
Release Date : January 25, 1969
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

On the night of July 24, 1963, a car driven by appellant Gene Hall collided with an Air Force tractor-trailer on Montana Highway 20. Mr. Hall sued for damages under the Federal Torts Claims Act, 28 U.S.C.A. Â§ 1346(b), claiming negligence on the part of the Air Force driver. His wife sought damages for loss of consortium. The district court found that the Air Force driver was negligent in obstructing the highway, but not wantonly or grossly so; and that Mr. Hall was negligent in driving at 45 to 50 miles an hour when his ""visibility was limited either by defective lights or a failure to look."" Mr. Hall was therefore denied recovery. Mrs. Hall's claim was also denied because, under the court's view of Montana law, the contributory negligence of the husband barred recovery by the wife for loss of consortium.