Clifton L. Cannon, Sr. v. United States

RIVES, Circuit Judge.

Plaintiffs, appellants here, sued under the Federal Tort Claims Act 1 for the wrongful death of Mrs. Cannon. An Army truck, driven by Pfc. Harold C. Leonard, turned abruptly in the path of an automobile in which Mrs. Cannon was riding as an invited guest, causing a collision resulting in injuries from which Mrs. Cannon died. The defendant, United States, claimed that Pfc. Leonard was not acting in line of duty, that is, within the scope of his employment, under such circumstances that the United States, if a private person, would be liable in accordance with the law of…