United States v. Julia Jasper, an Infant Who Sues by Bertha Jasper, Her Mother, as Next Friend

DOBIE, Circuit Judge.

This is an appeal by the United States-from a judgment of the United States. District Court for the Eastern District of Virginia holding the United States liable under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., for personal injuries suffered by Julia Jasper.

The facts of the case are relatively simple. Shortly after midnight on March 2, 1952, two military policemen, under the command of Sergeant A. J. Clarke, placed under arrest a drunken soldier they had observed violating the law in Richmond, Virginia. While the policemen were attempting to subdue…