Collie E. Sapp v. United States

TUTTLE, Circuit Judge.

Sapp here appeals from the dismissal of his complaint, after trial, D.C., 130 F.Supp. 666, in a negligence action brought against the government under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq. The undisputed evidence is that he was injured when the automobile in which he was a passenger was struck from behind by an automobile owned and driven by a federal prisoner who was at the time in the custody of, and accompanied by, a security officer of the U. S. Immigration and Naturalization Service. The plaintiff’s theory of liability is that, assuming that…