Patrick

The above-entitled cause, heretofore tried, argued and submitted, is now decided as follows:

Judgment will be for the plaintiff that she recover from the defendant, United States of America, the sum of $10,000.00 general *341 damages, and the sum of $912.00 special damages, or a total of $10,912.00, and her costs.

Comment.

The action, instituted under the Federal Tort Claims Act, 28 U.S.C.A. § 931 [1948 Revised Judicial Code, 28 U.S.C.A. §§ 1346 , 2671 et seq.], presents purely a question of fact.

The evidence in the case consists of the testimony of witnesses produced by the plaintiff. The Government offered no other testimony, but relied only upon the additional facts elicited by cross examination and the inferences which they draw from these facts.

The plaintiff is the widow of J. E. Patrick, to whom she was married on August 22, 1946. She is his sole dependent. The deceased’s surviving mother, Nora Patrick, has waived any right of recovery in this action and any interest in the estate.

While J. E. Patrick was a civilian employee of the United States Navy, working as a welder at the Navy Yard at Port Hueneme, in Ventura County, California he met his death on March 17,…