Murphey v. United States

I cannot agree with the conclusion reached by my associates.

Since the government concedes negligence the only question before us is whether or not the driver of th.e army truck was, at the time the accident occurred, acting within the line of his duties or the scope of his office or employment so as to create liability on the part of the United States under the Federal Tort Claims Act. That Act , establishes liability only “under circumstances where the United States, if a private person, would be liable.” Clearly Congress did not intend for the United States, as an employer, to be singled…