Legal Opinion

Aetna Casualty & Surety Co. v. United States

Court of Appeals for the Second Circuit

Decided November 4, 1948No. 25, Docket 21030PublishedCited by 18 opinions

1Opinion of the Court

FRANK, Circuit Judge.

We think the dismissal was error. By the Federal Tort Claims Act,2 a suit may be maintained against the United States “on any claim * * * for money only * * * on account of personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances' where the United States, if a private person, would be liable to the claimant for such damage, loss, injury, or death in accordance with the law of the place where the act or omission occurred [and] * * * the…

2Cases cited8 opinions

  1. Chisholm v. GeorgiaSupreme Court of the United States · 1793
  2. Goodman v. NiblackSupreme Court of the United States · 1881
  3. Erwin v. United StatesSupreme Court of the United States · 1878
  4. Price v. ForrestSupreme Court of the United States · 1899
  5. Niagara Fire Ins. Co. v. United StatesDistrict Court, S.D. New York · 1948

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3Cited by18 opinions

  1. United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950
  2. INSURANCE COMPANY OF THE WEST, Plaintiff-Appellee, v. UNITED STATES, Defendant-AppellantCourt of Appeals for the Federal Circuit · 2001
  3. Helen D. Kelley and John E. Kelley v. United States of America, Ruth SemkoCourt of Appeals for the Second Circuit · 1978
  4. United States v. South Carolina State Highway DepartmentCourt of Appeals for the Fourth Circuit · 1948
  5. United States v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Tenth Circuit · 1948

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