Allen Williams B/n/f Louise J. Smyre v. United States

WISDOM, Circuit Judge.

Allen Williams, a thirteen year old boy, thinking that he was lighting an ordinary firecracker, lit a United States Army “M-80 Firecracker”. The M-80 Firecracker is an explosive device the Army uses in field exercises. Williams severely injured both hands. In this action he seeks damages under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680. The district court, sitting without a jury, denied recovery. We reverse and remand. We hold, under the doctrine of respondeat superior, that the injuries were caused by the negligence of an Army sergeant acting in line…