Legal Opinion

Dorothea E. McSwain and Stella McSparran Administratrix of the Estate of Tracy L. McSwain Deceased v. United States v. Herbert L. McSwain

Court of Appeals for the Third Circuit

Decided March 26, 1970No. 17873_1PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

ADAMS, Circuit Judge.

The issue in this case is whether the Government is liable for the negligent operation of an automobile by a serviceman travelling from one duty post to another, who for personal reasons did not use a direct route - between the two points.

In August, 1962, Corporal Herbert L. McSwain, of the United States Marine Corps, received orders transferring him from Camp Pendleton, California, to the Naval Air Technical Training Center in Memphis, Tennessee.1 McSwain was authorized a delay enroute of twenty days chargeable as ordinary leave and four additional…

2Cases cited25 opinions

  1. Williams v. United StatesSupreme Court of the United States · 1955
  2. United States v. EleazerCourt of Appeals for the Fourth Circuit · 1949
  3. O. B. Hinson, Mrs. O. B. Hinson and Danny Hinson, a Minor, by and Through O. B. Hinson, as Next Friend v. United StatesCourt of Appeals for the Fifth Circuit · 1958
  4. United States v. SharpeCourt of Appeals for the Fourth Circuit · 1951
  5. Cooner v. United StatesCourt of Appeals for the Fourth Circuit · 1960

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3Cited by11 opinions

  1. Cna v. United StatesCourt of Appeals for the Third Circuit · 2008
  2. Roger Vanderklok v. United StatesCourt of Appeals for the Third Circuit · 2017
  3. Lomando v. United StatesCourt of Appeals for the Third Circuit · 2011
  4. James H. Hartzell, Beryl Hartzell, and Ross Hartzell v. United StatesCourt of Appeals for the Ninth Circuit · 1986
  5. Brotko Ex Rel. Brotko v. United StatesDistrict Court, D. Rhode Island · 1989

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