U.S. Court of Appeals for the Fifth Circuit, 1964

Whitney Bartie v. United States

U.S. Court of Appeals for the Fifth Circuit · Decided February 20, 1964 · Hutcheson, Bell, Brewster

326 F.2d 754 (Federal Reporter, Second Series)

Counsel

H. Alva Brumfield, Sylvia Roberts, Baton Rouge, La., J. B. Jones, Jr., Cameron, La., for appellant., Sherman L. Cohn, John C. Eldridge, Attys., Dept, of Justice, Mathew E. Erickson, Atty., Dept, of Commerce, John W. Douglas, Asst. Atty. Gen., Edward L. Shaheen, U. S. Atty., William A. Gershuny, Atty., Dept, of Justice, Washington, D. C., for appellee.

Cases that cite this one

9 later published cases cite this decision.

Brown v. United States (District Court, D. Massachusetts 1984)
Connelly v. State of California (Cal. Ct. App. 1970)
Bergquist v. United States National Weather Service (District Court, N.D. Illinois 1994)
Aretz v. United States (United States District Court for the Southern District of Georgia 1977)
Lloyd v. Cessna Aircraft Co. (District Court, E.D. Tennessee 1977)
Eli Carrier, Jr. v. United States (5th Cir. 1966)
Vaughn v. United States (District Court, N.D. Mississippi 1966)
Wenninger v. United States (United States District Court for the District of Delaware 1964)
Winninger v. United States (United States District Court for the District of Delaware 1964)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

This appeal is from a judgment in favor of the defendant, United States of America, in a negligence action brought by the plaintiff, Bartie, under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2674 et seq., for damages for the death of his wife and children as a result of Hurricane Audrey on June 27, 1957.

The facts are fully set out in a well written opinion by Judge Hunter, which gives several reasons for his judgment for the defendant. Bartie v. United States, D.C.La., 216 F.Supp. 10. His findings that the defendant was not negligent, and that the deaths of the plaintiff’s wife and children were not proximately caused by the conduct of defendant’s employees, are not clearly erroneous. On the other hand, they are fully justified by the evidence, and are sufficient basis, in themselves, for upholding the judgment.

It is unnecessary to pass on the other grounds given by the trial court in support of his judgment.

Affirmed.

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