Legal Opinion

Jefferson v. United States

District Court, D. Maryland

Decided October 23, 1947No. Civil Action 3692PublishedCited by 15 opinions

1Opinion of the Court

CHESNUT, District Judge.

This case presents another new, difficult and unprecedented question arising under the Federal Tort Claims Act, 28 U.S.C.A. § 921 et seq. The question is whether the Act authorizes a suit by a former member of the Military Forces to recover damages allegedly caused by a negligent abdominal operation performed on the soldier on or about July 3, 1945', by an Army surgeon in the State of Virginia (the plaintiff being a citizen of Maryland), while both were on active duty. The United States has moved to dismiss the complaint on the ground that such a suit is not within the…

2Cases cited14 opinions

  1. United States v. Standard Oil Co. Of CaliforniaSupreme Court of the United States · 1947
  2. Brady v. Roosevelt Steamship Co.Supreme Court of the United States · 1943
  3. Canadian Aviator, Ltd. v. United StatesSupreme Court of the United States · 1945
  4. Dahn v. DavisSupreme Court of the United States · 1922
  5. Goldstein v. State of New YorkNew York Court of Appeals · 1939

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3Cited by15 opinions

  1. Feres v. United StatesSupreme Court of the United States · 1950
  2. Johnson v. United StatesCourt of Appeals for the Ninth Circuit · 1948
  3. Griggs v. United StatesCourt of Appeals for the Tenth Circuit · 1950
  4. Patricia Van Sickel, Michael John Van Sickel, Patricia Ann Van Sickel v. United StatesCourt of Appeals for the Ninth Circuit · 1960
  5. Jefferson v. United StatesDistrict Court, D. Maryland · 1948

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