Legal Opinion

Wibye v. United States

District Court, N.D. California

Decided December 22, 1949No. 27732, 27694PublishedCited by 4 opinions

1Opinion of the Court

GOODMAN, District Judge.

In these two consolidated actions for damages for personal injuries brought under the Federal Tort Claims Act, 60 Stat. 843, 28 U.S.C.A. 931 et seq. [now 1346, 2671 et seq.], the liability of the United States depends upon whether John E. Hadley, a civilian employee of the Stock Control Division of the United States Quartermaster Corps, was acting “within the scope of his office or employment,” at the time the government automobile he was driving struck that of the plaintiffs.

The Facts

The evidence at the trial was substantially as follows:

Hadley’s duties required him…

2Cases cited11 opinions

  1. Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
  2. Westberg v. WilldeCalifornia Supreme Court · 1939
  3. Ryan v. FarrellCalifornia Supreme Court · 1929
  4. Hubsch v. United StatesCourt of Appeals for the Fifth Circuit · 1949
  5. Kruse v. White BrothersCalifornia Court of Appeal · 1927

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3Cited by4 opinions

  1. Ray Korte Chevrolet v. SimmonsCourt of Appeals of Arizona · 1977
  2. United States v. David SilvermanCourt of Appeals for the Ninth Circuit · 1985
  3. Owen v. United StatesDistrict Court, S.D. California · 1966
  4. United States v. David SilvermanCourt of Appeals for the Ninth Circuit · 1985

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