Joseph P. Hennessey v. United States

On June 2, 1949, in Idaho, appellant, Joseph P. Hennessey, a resident of Montana, sustained a personal injury caused by the negligence of Fay R. Livingston, an employee of appellee, the United States, while Livingston was acting within the scope of his employment. On June 1, 1951, in the United States District Court for the District of Montana, appellant brought an action against appellee under 28 U.S.C.A. § 1346 (b) for $53,-000 as damages for the injury sustained on June 2, 1949. Appellee answered, a trial was had, findings and conclusions were stated, and on November 29, 1955, a judgment for $2,512 was entered for appellant. Deeming the judgment inadequate, appellant appeals.

The District Court found that the injury sustained on June 2, 1949, was an injury to appellant’s right shoulder, neck and back, which caused him pain, suffering, disability and “discomfiture;” that, by reason thereof, appellant was damaged in the sum of $2,500; and that, for the treatment of his injured shoulder, appellant was required to incur medical expenses in the sum of $12.

The District Court found that on or about January 7,-1950, appellant suffered a blood clot in his aorta which temporarily…