United States v. United Services Automobile Association, a Reciprocal Insurance Association

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by the United States from a judgment against it finding liability under the Federal Tort Claims Act, 28 U.S.C., §§ 2671-2680. The judgment was rendered in favor of the appellee as subrogee for reimbursement for the payment it had made to assured Lt. Stapelfeld, a Naval officer in active service, for damages to his automobile caused by the crash of a Navy plane. Jurisdiction of the trial court was based upon 28 U.S.C. § 1346(b).

The facts are stipulated. The trial court found that the plane crash which damaged the serviceman’s car was proximately…