Anderegg v. United States

This is an appeal from a judgment for defendant in an action for damages under the Federal Tort Claims Act of August 2, 1946, 60 Stat. 842, 28 U.S.C.A. §§ 2671-2680. The action was instituted to recover for damage to property which occurred on January 2, 1945. It was not commenced until April 14, 1948, which was thus more than one year after either the accrual of the claim or the passage of the statute, which was too late. 28 U.S.C.A. § 2401(b). Contention is made that the limitation of the statute was waived because claim was filed with and considered by the War Department and not declined…