Smart v. United States

HUXMAN, Circuit Judge.

This was an action under the Federal Tort Claims Act 1 for injuries sustained by appellant at the hands of one Ralph Edward Dungan, a mentally incompetent veteran, shortly after his release from a Veterans’ Administration Hospital at Marion, Indiana, on a trial visit to his home. The appeal is from the judgment of the trial court entering a summary judgment of dismissal.

The complaint so far as material in substance alleged that the Government’s agents and employees in charge of the hospital were negligent in releasing Dun-gan from custody and that such negligence was the…