Roberts v. United States

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HOLDEN, Chief Judge.

The plaintiff, Ronald Roberts, brought this action under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2674 (1976), seeking to recover for losses he suffered when a slate quarry which he owned, located in South Poultney, Vermont, was destroyed. Roberts alleges that on June 1, 1978 John Rouba, a federal mine inspector, negligently and unlawfully ordered Roberts to use explosives to remove an “overburden” of rock and clay from one of the quarry walls. According to Roberts, he followed Rouba’s orders, which included specific…