Emmer A. Williams v. United States

250 F.2d 85

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 10, 1957
• Docket: 7530_1
• Status: Published

Opinion

PER CURIAM.

This is an appeal from a judgment for defendant in an action under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671-2680, by a plaintiff who was injured when an automobile which she' was driving was in collision with a car of the United States Army driven by a soldier in the course of his duties. The collision occurred on a divided highway near Norfolk, Va. as plaintiff was making a turn to her left to enter a “turn-off”. The trial judge denied plaintiff recovery in the action on the ground that she was guilty of contributory negligence and that the last clear chance doctrine could not he applied to sustain recovery by her. The issue in the case was whether plaintiff had stopped her car at the “cut-off” so that the driver of the army car should have seen her helpless position and avoided the collision or whether she turned without warning into the pathway of the oncoming army car when it was too near for the collision to be avoided. The question involved was a pure question of fact and we cannot hold that the decision of the District Judge was clearly erroneous.

Affirmed.