Williams v. United States

ROCHE, Chief Judge.

Plaintiff has brought this action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2671 et seq.,' to recover damages for injuries sustained through the negligence of an intoxicated soldier. The negligence and plaintiff’s injuries are not disputed by the defendant. The sole question for decision is whether the soldier was acting within the course and scope of his employment within the purview of the Tort Claims Act. Its determination requires a careful examination of the facts, as disclosed by the record. From the evidence of defendant’s witnesses, all of whom testified…