United States v. Walter R. Reichel and National Automobile and Casualty Insurance Company

Appellee, Walter R. Reichel, brought suit against the United States under the Federal Tort Claims Act, Title 28 U.S.C.A. §§ 1346 (b), 2671 et seq., for personal injuries received when struck by a Navy pickup truck in an accident at the San Francisco Naval Shipyard on November 16, 1950. Upon motion made for that purpose, the appellee, National Automobile and Casualty Insurance Company, which company was subrogated to Walter R. Reichel’s rights in said suit to the extent of $2930.25 for medical expenses paid and $348.86 for compensation payments, was joined as an additional plaintiff. Trial was had to the District Court, sitting without a jury, findings of fact and conclusions of law made by the District Court, and judgment was ordered for Walter R. Reichel and against the United States in the sum of $5592.14 and for National Automobile and Casualty Insurance Company and against the United States in the sum of $3,273.11.

The United States appeals. In its brief, the appellant grounded its appeal on two specified errors, first, that the trial Court erred in finding .that appellee Reichel was not guilty of contributory negligence; and second, that there was no proof of negligence on…