United States v. Harms

KNOUS, District Judge.

In this action the United States seeks to recover damages to a Government-owned automobile resulting from a collision with a truck owned and operated by the citizen defendant and allegedly as the result of his negligence. The defendant has counterclaimed against the plaintiff for damages to defendant’s truck arising out of the same collision asserting that such was caused by the negligence of the operator of the Government vehicle.

The United States has moved to dismiss the counterclaim upon the theory that such cannot be maintained against the sovereign. Both sides have…