Avina v. United States
District Court, W.D. Texas · 1953-12-09 · cited 1×
The case involved a father's lawsuit against the United States for the drowning death of his eight-year-old son in the Franklin Canal, which is owned and operated by the government for irrigation purposes. The court decided in favor of the government, finding no liability. The reasoning was that the canal's operation is a discretionary governmental function exempt from the Federal Tort Claims Act, the pleadings failed to allege negligence by a specific employee acting within the scope of employment, and even on the merits, the government had exercised more than ordinary care with fencing and warnings, and the danger was not a hidden attractive nuisance.
