Henry Sowards v. United States

ORDER FOR REMAND

This is an appeal on a judgment against plaintiff on a Federal Tort Claims action.

In the nature of things, a negligence determination is traditionally not to be the subject of many seriatim findings of fact.

But in this case, the trial judge must have found one of the following:

We believe the plaintiff should know on which horn he was caught. And, we find it most difficult ourselves to review the case without knowing which conclusion the trial court reached.

Accordingly, the case is remanded to the district court. It is suggested the judgment and findings and conclusions be vacated and new ones entered.

On a new appeal, the old record and briefs may be used so far as desired, either upon a stipulation or on motion.