Legal Opinion
H. R. Kimbrell and Dean Kimbrell, a Minor, by Next Friend and Father, H. R. Kimbrell v. United States
Court of Appeals for the Sixth Circuit
Decided July 13, 1962No. 14515PublishedCited by 4 opinions
1Opinion of the Court
MAGRUDER, Circuit Judge.
This is an ordinary case of an automobile accident in which the plaintiff sues the United States for damages under the Federal Tort Claims Act. Though the United States, in the district court, contested liability on the merits on the ground that its servant was not negligent, the district judge found against the United States on that issue, and it has not been raised on appeal. Instead, in this court the government takes the somewhat technical position that a Tennessee statute, § 50-914, Tenn.Code Ann., precludes the action which, with the consent of the employer, was…
2Cases cited5 opinions
- International Harvester Co. v. SartainCourt of Appeals of Tennessee · 1948
- Maryland Ex Rel. Burkhardt v. United StatesCourt of Appeals for the Fourth Circuit · 1947
- Young v. United StatesCourt of Appeals for the D.C. Circuit · 1950
- Keen v. AllisonTennessee Supreme Court · 1933
- Commissioners of the State Ins. Fund v. United StatesDistrict Court, S.D. New York · 1947
3Cited by4 opinions
- Evelyn A. Poindexter v. United States of America, Jon F. Goulding v. United StatesCourt of Appeals for the Ninth Circuit · 1981
- Graham v. Red Ball Motor Freight, Inc.District Court, N.D. Mississippi · 1966
- Forrest R. Jamison and Diana L. Jamison v. Cathy Marie Cooper, David Carlton, and Darrell H. CarltonCourt of Appeals for the Eleventh Circuit · 1985
- H. R. Kimbrell and Dean Kimbrell, a Minor, by Next Friend and Father, H. R. Kimbrell v. United StatesCourt of Appeals for the Sixth Circuit · 1962