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HOYT v. UNITED STATES

No. 18500.

286 F.2d 356 (1961)

William C. HOYT, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 20, 1961.

Attorney(s) appearing for the Case

William B. Matthews, Ozark, Ala., Albert W. Copeland, Euel A. Screws, Jr., Montgomery, Ala., Robert W. Fraser, Santa Ana, Cal., Godbold, Hobbs & Copeland, Montgomery, Ala., Charles O. Stokes, Ozark, Ala., Fraser, Hewett & Rickles, Santa Ana, Cal., of counsel, for appellant.

Paul L. Millirons, Asst. U. S. Atty., Hartwell Davis, U. S. Atty., Montgomery, Ala., for appellee.

Before RIVES, BROWN and WISDOM, Circuit Judges.

RIVES, Circuit Judge.

On January 24, 1959, Sean Paul Hoyt, aged seven years, was killed on the Fort Rucker military reservation. The fatality was caused by the collapse of the walls of a drainage ditch in which he was playing. The deceased child's father, William C. Hoyt, Jr., brought this wrongful death action against the United States under the Federal Tort Claims Act.1 The district court ruled that the United States was guilty of negligence...

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