Hubsch v. United States

WALLER, Circuit Judge.

The Plaintiffs in these two consolidated cases, brought under the Federal Tort Claims Act, were riding in an automobile that came into collision with a jeep belonging to the United States Army and driven by an Army lieutenant. The Court 'below found that although the driver of -the Government’s jeep was guilty of negligence proximately causing the injuries to Plaintiffs, nevertheless, such driver was not acting within the scope of his office or employment at the time of the injuries.

The evidence relied on by the Court was substantial within the contemplation of Rule 52,…