Merle H. Johnson, Administrator of the Estate of Stanley Matt Johnson v. United States of America, Merle H. Johnson v. United States

On July 4, 1955, Stanley Matt Johnson, a minor of the age of four-and-a-half years, received severe burns from electrical energy transmitted through a substation operated by the Bureau of Reclamation, United States Department of the Interior, at Forsyth, Montana. Stanley lived approximately four hours before dying as a result of these severe injuries. Thereafter, two actions were brought under the Federal Tort Claims Act for the recovery of damages. One action (Civil No. 49) was prosecuted by Merle H. Johnson as Administrator of the Estate of Stanley Matt Johnson under the Montana Survival Statute (§ 93-2824, R.C.M.1947). The other action was brought by Merle H. Johnson, the father of the minor, under the wrongful death statute of Montana (§ 93-2809, R.C.M.1947). The cases were consolidated for trial and were tried before the United States District Court of Montana without a jury.

The Court rendered a judgment in favor of the defendants and this appeal followed. No question is raised as to the jurisdiction of the District Court or of this Court.

The substation where the tragedy occurred was located in the town of For-syth in a residential area. The substation was enclosed on…