Horace K. Guthrie, Administrator of the Estate of Jennie K. Guthrie, Deceased v. United States

KILEY, Circuit Judge.

Guthrie, administrator, sued the government under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), for the wrongful death of his wife. The district court, without a jury, decided that the soldier whose negligence caused Mrs. Guthrie’s death was not acting within the scope of his employment at the time so as to render the government liable as his superior. 260 F.Supp. 289.

The suit was dismissed and Guthrie has appealed. We affirm.

In the late afternoon of May 29, 1961, an army vehicle driven by United States Army Sergeant Liebl collided with an automobile driven by Mrs.…