Legal Opinion

Rushford v. United States

District Court, N.D. New York

Decided September 22, 1950No. Civ. 3019PublishedCited by 13 opinions

1Opinion of the Court

FOLEY, District Judge.

A new problem arises under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b) 2671-2680, effective. September 1, 1948, previously 28 U.S.C.A. §-931 et seq. This remedial Act in which the sovereign waives immunity is comparatively recent in its enactment and amendments. In .such instances-, situations shall be presented for determination which have not been shaped with definiteness on the lathe of judicial construction. The motions herein create an issue of such nature.

The proper approach to the construction of the Tort Claims Act has recently been outlined by Mr. Chief…

2Cases cited20 opinions

  1. United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950
  2. McKenna v. AustinCourt of Appeals for the D.C. Circuit · 1943
  3. Milks v. McIverNew York Court of Appeals · 1934
  4. Fox v. Western New York Motor Lines, Inc.New York Court of Appeals · 1931
  5. Gilbert v. . FinchNew York Court of Appeals · 1903

15 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Paul Eugene Tessier v. United StatesCourt of Appeals for the First Circuit · 1959
  2. Stella v. KaiserCourt of Appeals for the Second Circuit · 1954
  3. Western Newspaper Union v. WoodwardDistrict Court, W.D. Missouri · 1955
  4. Dixon v. United StatesDistrict Court, W.D. South Carolina · 1961
  5. Denise Schippers v. United StatesCourt of Appeals for the Eleventh Circuit · 2013

8 more not listed; retrieve them via the Exa API.

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