Legal Opinion

Drummond v. United States

District Court, E.D. Virginia

Decided July 16, 1948No. Civil Action 757PublishedCited by 10 opinions

1Opinion of the Court

BRYAN, District Judge.

The United States moves to dismiss this action brought under the Federal Tort Claims Act, Public Law 601, 79th Congress, C. 753, 2nd Session, approved August 2, 1946, 28 U.S.C.A. § 921 et seq., upon the ground that other persons, alleged as joint tortfeasors, have been made parties defendant with the United States.

Thus is squarely presented the question whether the Act permits a plaintiff in such an action to join a co-defendant with the United States without the latter’s consent. The Court holds that it does not.

Nowhere in the statute does the Congress manifest an…

2Cases cited5 opinions

  1. United States v. SherwoodSupreme Court of the United States · 1941
  2. Lynn v. United StatesCourt of Appeals for the Fifth Circuit · 1940
  3. Englehardt v. United StatesDistrict Court, D. Maryland · 1947
  4. Waite v. United StatesUnited States Court of Claims · 1922
  5. Jackson v. United StatesUnited States Court of Claims · 1891

3Cited by10 opinions

  1. United States v. Yellow Cab Co.Supreme Court of the United States · 1951
  2. Benbow v. Wolf. Wolf v. United StatesCourt of Appeals for the Ninth Circuit · 1954
  3. Howey v. Yellow Cab Co. (United States, Third-Party Appellant). Gutmann v. Yellow Cab Co. (United States, Third-Party Appellant)Court of Appeals for the Third Circuit · 1950
  4. Pearce v. United StatesDistrict Court, D. Kansas · 1978
  5. Prechtl v. United StatesDistrict Court, W.D. New York · 1949

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