United States v. Schlitz

BRYAN, District Judge.

The Court is of the opinion that the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2674, may be asserted by counterclaim by the citizen-defendant when sued by the United States for damages, if both Sclaims arise from the same event and are !©f the same character.

The United States has here filed a complaint against the defendant to recover for damages to its automobile when in collision with the automobile owned and operated by the defendant. Pleading the Federal tort claims statutes, the defendant counterclaims for injuries to his person and car resulting from the…