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COX v. UNITED STATES

No. 46321.

73 F.Supp. 1022 (1947)

COX v. UNITED STATES.

Court of Claims.

November 3, 1947.

Attorney(s) appearing for the Case

Fred W. Shields, of Washington, D. C. (King & King, Harry D. Ruddiman and Paul M. Rhodes, all of Washington, D. C., and Thomas J. Surface, of Roanoke, Va., the brief), for the United States.

D. B. MacGuineas, of Washington, D. C., John F. Sonnett, Asst. Atty. Gen., and Peyton Ford, Acting Asst. Atty. Gen. (Horace G. Marshall, of Chicago, Ill., on the brief), for the U. S.

Before JONES, Chief Justice, and MADDEN, HOWELL, WHITAKER and LITTLETON, Judges.

MADDEN, Judge.

This is a suit to recover damages for an alleged tort of the Government occurring in 1940, before the enactment in 1946 of the Federal Tort Claims Act, 60 Stat. 842, 28 U.S.C.A. § 931. We have jurisdiction by reason of a Private Act of Congress, which is quoted in finding 2. The facts as we have found them are recited in the findings and will not be repeated in this opinion.

The only serious legal question in the case is that of the liability...

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