United States v. WH Pollard Company

MURPHY, District Judge.

The United States of America brings this action for property damage to a government owned vehicle arising out of an intersection accident — asserting that the damage was caused by defendant’s negligence. The action was brought some six years after the date of the accident. Defendant answered, set up the contributory negligence of the government driver as a defense and asked for an affirmative judgment against the United States based on the same negligence in a pleading denominated as a “cross-complaint”. The United States moves to dismiss this cross-complaint on grounds…