Rory W. White v. Carroll W. Hardy, the United States of America, Edward Moore, and Coastal Cab Co., Inc.

POTTER, District Judge.

Rory White, Appellant, was injured while riding as a passenger in a taxicab, which collided with a U. S. Army truck, driven by Sergeant Hardy. White alleged that the United States was liable under the Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq. (1964), for the negligence of Sergeant Hardy. The District Court found that Sergeant Hardy was acting outside the scope of his employment at the time of the collision, dismissed the original complaint against the United States for lack of subject-matter jurisdiction, 1 and granted summary judgment to the United States on…