The opinion of the court was delivered by: FOLLMER
This is an action for money damages brought against the United States of America by the plaintiffs, John S. Bologach and Helen Bologach, his wife, under the provisions of 28 U.S.C. §§ 1346(b), 2671-2680, for personal injuries of Helen Bologach and incidental damages and loss of assistance and society by the husband, John S. Bologach.
On the basis of the pleadings and the testimony, I make the following
1. The plaintiffs, John S. Bologach and Helen Bologach, are husband and wife and both are residents of Lehighton, R.F.D., Mahoning Township, Carbon County, Pennsylvania.
2. The United States of America is a corporation sovereign.
3. On February 6, 1950, at about 10:30 o'clock A.M., Helen Bologach was a passenger in a 1950 Chevrolet sedan owned by Oliver Rex and operated by him in an easterly direction on Blakeslee Boulevard, (otherwise known as Route No. 443) in the Borough of Lehighton, Carbon County, Pennsylvania.
4. At the same time and place, Corporal Gilbert J. Jankowiak, a member of the United States Army acting within the scope of his employment, was operating a United States Army Staff car, 1942 Chevrolet, in a westerly direction on said highway.
6. Neither car had chains on.
7. At the time of impact, the Rex car was practically at a standstill with both right wheels on the berm on its side of the road.
8. The driver of the Army car, while traveling in excess of thirty miles per hour, drove the same so that the right wheels went onto the berm of the highway and his attempt to return to the highway, at the speed and under the conditions then prevailing, caused the car to go into a skid which sent it across the road, turning the car completely around and crashing into the Rex car.
9. The Army car was traveling at an excessive rate of speed under the circumstances and conditions then prevailing.
10. The driver of the Army car was negligent in not having chains on it.
11. The driver of the Army car was negligent in attempting to drive his car from the berm onto the highway without reducing speed, under the ...