OPINION OF THE COURT BY STAINBACK, J.
This is an action in tort to recover damages for personal injuries. The case was tried jury waived. Upon conflicting evidence, the trial judge found for the defendant on the ground that plaintiff failed to prove negligence on the part of defendant's employee.
On August 10, 1943, plaintiff was a civilian employee of the United States Navy, working upon certain defense construction work at Aiea, Oahu, Territory of Hawaii...
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