Ashley v. United States

VAN PELT, Judge.

This case is brought under the Federal Tort Claims Act. Plaintiff seeks damages for injuries to his right arm and for expenses incurred in connection therewith resulting from a bite by a bear while he was on a trip with his family through Yellowstone National Park.

The questions presented can be stated as follows:

1) Is the United States of America absolutely liable to a person not a trespasser, injured in a national park by wild animals, under the doctrine relating to one who owns, keeps or harbors dangerous animals ?

2) What standard of care is to be applied as to a vistor to a…