BYERS, District Judge.
The plaintiff sues under the Federal Tort Claims Act to recover $100,000 damages for personal injuries sustained on January 5, 1948, as the result of his jumping out of a fourth floor window in the United States Marine Hospital at Neponsit, Queens County, New York, as the aftermath of a four days alcoholic debauch while out of the hospital on a three days' pass.
He was originally admitted as a tubercular patient on November 14, 1947...
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