326 F.2d 754 - Bartie v. United States — 326 F.2d 754

How this case has been cited

Cited by 11 later decisions — most recently February 1994

3 federal appellate · 3 district · 1 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1H. Alva Brumfield, Sylvia Roberts, Baton Rouge, La., J. B. Jones, Jr., Cameron, La., for appellant.

¶2Sherman L. Cohn, John C. Eldridge, Attys., Dept, of Justice, Mathew E. Erickson, Atty., Dept, of Commerce, John W. Douglas, Asst. Atty. Gen., Edward L. Shaheen, U. S. Atty., William A. Gershuny, Atty., Dept, of Justice, Washington, D. C., for appellee.

¶3Before HUTCHESON and BELL, Circuit Judges, and BREWSTER, District Judge.

¶4PER CURIAM.

¶5This appeal is from a judgment in favor of the defendant, United States of America, in a negligence action brought by the plaintiff, Bartie, under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2674 et seq., for damages for the death of his wife and children as a result of Hurricane Audrey on June 27, 1957.

¶6The facts are fully set out in a well written opinion by Judge Hunter, which gives several reasons for his judgment for the defendant. Bartie v. United States, D.C.La., 216 F.Supp. 10. His findings that the defendant was not negligent, and that the deaths of the plaintiff’s wife and children were not proximately caused by the conduct of defendant’s employees, are not clearly erroneous. On the other hand, they are fully justified by the evidence, and are sufficient basis, in themselves, for upholding the judgment.

¶7It is unnecessary to pass on the other grounds given by the trial court in support of his judgment.

¶8Affirmed.