Legal Opinion
Sample v. United States
District Court, D. Minnesota
Decided November 12, 1959No. 4-58-Civ-47PublishedCited by 4 opinions
1Opinion of the Court
DEVITT, Chief Judge.
This suit arises under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671, 2674 (1958) and asserts a claim for personal injuries allegedly sustained by the negligence of a soldier who was driving his own automobile from Camp McCoy, Wisconsin to Fort Sheridan, Illinois. The sole issue for determination here is whether the soldier was acting “within the scope of his office or employment” 1 or “in line of duty” 2 at the time of the accident so as to make the United States responsible for his alleged negligence.
The facts have been stipulated. Ernest Griffith, 26 years of…
2Cases cited25 opinions
- Claim of Dependents of Marks v. GrayNew York Court of Appeals · 1929
- Williams v. United StatesSupreme Court of the United States · 1955
- United States v. EleazerCourt of Appeals for the Fourth Circuit · 1949
- Barragar v. Industrial CommissionWisconsin Supreme Court · 1931
- Steffen v. McNaughtonWisconsin Supreme Court · 1910
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3Cited by4 opinions
- O'BRIEN v. United StatesDistrict Court, D. Maine · 1964
- Courtright v. PittmanDistrict Court, D. Colorado · 1967
- Platis v. United StatesDistrict Court, D. Utah · 1968
- Cobb v. United StatesDistrict Court, N.D. Illinois · 1965