The opinion of the court was delivered by: Grim, District Judge.
Plaintiff has sued the United States*fn1 under the Federal
Tort Claims Act, 28 U.S.C. § 1346, 2671 et seq., alleging
personal injuries caused by the negligence of a Government
employee acting within the scope of his employment and engaged in
the business of defendant. On the basis of the
pleadings and the testimony in the case, I make the following
1. The plaintiff is Edna Feathersmith, a resident of
Philadelphia, Pennsylvania, who, while a passenger in an
automobile owned and operated by Horace Lee Thomas, suffered
injuries as a result of a collision between defendant's mail
truck and the Thomas car at the intersection of 15th and Market
Streets in Philadelphia at about 9:45 P.M. on October 28, 1950.
2. The defendant is the United States of America, whose
employee, Thomas E. Cooper, at the time of the accident, was
driving a three-ton mail truck on defendant's business and within
the scope of his employment.
3. Just before the collision, the Thomas automobile, which was
heading west, had stopped for a red traffic light in the north
lane on Market Street east of 15th Street. Immediately in front
of the Thomas automobile and between it and 15th Street a taxi
cab had also stopped for the red light. Immediately to the rear
of the Thomas automobile defendant's mail truck had stopped for
the same red light. On the westbound trolley tracks to the left
of the Thomas car one automobile and immediately behind it a
trolley car had also stopped for the red light.
4. When the traffic light changed to green, the taxi cab in
front of the Thomas car started to move straight ahead, crossed
15th Street, and came to a stop behind some double-parked cabs in
the north lane west of 15th Street. Thomas, following the taxi
cab at a speed of about seven miles per hour, started across 15th
Street, continued across 15th Street, and came to a gradual stop
about eight feet behind the cab. At that point the front of the
Thomas car was three feet west of the west curb line of 15th
Street and the rear end of the car was in the westerly half of
5. Immediately after the Thomas car had stopped, the mail truck
drove into it and struck it in the rear with an impact that
knocked the Thomas car about six feet toward the curb.
6. As a result of the impact, plaintiff, who was seated beside
the driver of the Thomas car, received a whip lash injury to her
neck and was thrown forward so that her head hit and shattered
the right side of the windshield.
7. Defendant's employee was negligent in the operation of the
United States mail truck immediately preceding the accident, in
that he drove the truck at an excessive speed under the
circumstances and drove his truck too close to the rear of the
Thomas car, considering his rate of speed, and in that he failed
to have his truck under proper control.
8. The collision and the injuries sustained by plaintiff as a
result thereof were proximately caused by the negligent operation
of the mail truck by defendant's employee engaged in the business
of defendant and within the scope of his employment.
9. The accident was not caused or contributed to by any
negligence on the part of the plaintiff.
10. Immediately after the collision, plaintiff was dizzy and
nauseous and she couldn't stand up. Her forehead was cut and her
nose bruised and bleeding. She was taken to Hahnemann Hospital
where she began to get a sharp and stabbing pain in the neck and
extending to the right shoulder and arm. She was placed on a
stretcher, x-rays were taken of the neck, she was placed in a
Thomas collar to immobilize her neck, and she was sent home to
await a bed, since no beds were then available at the hospital.
That same night, when she arrived home, she had severe throbbing
headaches and throbbing pain in the back, back of the neck, right
shoulder, and right arm. The pain in ...