JAMESON, District Judge.
Plaintiff seeks indemnity from defendant, pursuant to the Federal Tort Claims Act, 28 U.S.C.A. § 1346, for a payment made to Elliott Richie as a result of an accident on December 22, 1955. Richie, while standing on plaintiff's depot premises at Rudyard, Montana, was struck by a mail pouch thrown by Forrest J. McNeil, a postal transportation clerk employed by the defendant, from one of plaintiff's westbound trains as it passed through...
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