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WIRTH v. UNITED STATES (POST OFFICE DEPARTMENT)

No. C-13331.

158 F.Supp. 550 (1957)

George WIRTH, Jr., an infant under the age of 14 years, by his guardian ad litem, George Wirth, and George Wirth, Plaintiffs, v. UNITED STATES of America (POST OFFICE DEPARTMENT), Defendant.

United States District Court E. D. New York.

June 28, 1957.

Attorney(s) appearing for the Case

Freeman & Hyman, Jamaica, N. Y., for plaintiffs.

Leonard P. Moore, U. S. Atty., E. D. New York, Brooklyn, N. Y. (Alfred Sawan, Brooklyn, N. Y., of counsel).

REEVES, District Judge.

This is a proceeding under the Federal Tort Claims Act, 28 U.S.C.A. § 1346.

In the forenoon of January 2, 1953, the infant plaintiff, then nine years of age, was in the act of depositing a letter in a letter box, affixed to a wooden utility pole, and maintained by the Post Office Department near the intersection of Woodward Avenue and Linden Street, Ridgewood, Queens County, New York, when the box fell upon him, striking his left...

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