Sam E. Brown and Erma Jean Brown v. Freeman Wright

Sam Brown was injured through the alleged negligence of a fellow workman and sued him for damages. The trial court found in Brown’s favor, but upon a defense motion set aside the finding of liability and granted a new trial. The second trial produced a judgment for the defendant, and the plaintiffs appeal. We affirm.

Brown was injured at Eielson Air Force Base near Fairbanks, Alaska, when a chunk of ice fell on him from the roof of a building. Brown was employed by the United States Government as a heavy equipment operator at the base. Brown and his wife commenced a tort action in the Alaska state court against Freeman Wright, the custodian of the building. Wright was also a government employee. The Browns alleged that Wright’s negligent performance of his custodial duties had resulted in Brown’s injuries.

The ease was removed to federal court under 28 U.S.C. § 1442 (a)(1). The parties stipulated to a court trial on the issue of liability only. Wright was represented by the United States Attorney’s office. Five days before the trial, the defendant’s assigned government lawyer notified the Browns’ lawyer that he intended to call two defense witnesses whose names had not been…