Wheeldon v. United States

GOODMAN, Chief Judge.

This is an action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq., to recover for property damage suffered when on March 2, 1958, plaintiff’s cabin cruiser, San Souci II, struck the submerged hulk of the cabin cruiser Aloha in Belvedere Cove, San Francisco Bay. Plaintiff contends that the United States is liable for such damage in that it allegedly negligently omitted to mark the wreck of the Aloha in disregard of Section 86 of Title 14 United States Code which is claimed to impose a duty upon the Secretary of the Army, through the Corps…