Molohon v. United States

JAMESON, District Judge.

Plaintiff seeks damages under the Federal Tort Claims Act1 *for the death of two hunting dogs as the result of eating poisoned bait on the Henry Algra ranch in Petroleum County, Montana. The bait had been placed on the Algra property on November 11,1960, at the request of the owner, by Ralph Otterman, an employee of the United States Department of the Interior, Fish and Wildlife Service. Otterman was acting within the scope of his employment and in accordance with authority vested in him by law.2

The poisoned bait (a quarter of a horse carcass treated with a poison…