MARTIN V. UNITED STATES
471 F.Supp. 6 (1979)
NATURE OF THE CASE: The court determined damages to be awarded Martin (Ps), minor
children by and through their next of friends and personal representatives, in their action
under the Federal Tort Claims Act, 28 U.S.C.S. 1346, 2674. The case was tried in the
federal district court on the issue of the United States government's (D) negligence. The
court found in favor of the minors, and found against the government on the issue of
contributory negligence.
FACTS: Ps were two school boys riding a motorbike when they struck a sagging power line
negligently maintained by the government. Each was tragically and severely burned with
permanent injuries. The issue before the court (and that portrayed in the case book) was for
the damages part of the trial. Each suffered tragically severe and permanent injuries.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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