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HEALE v. UNITED STATES

No. 11075.

207 F.2d 414 (1953)

Nola S. HEALE v. UNITED STATES of America, Appellant.

United States Court of Appeals Third Circuit.

Decided October 19, 1953.

Attorney(s) appearing for the Case

Benjamin Forman, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., Grover C. Richman, Jr., U. S. Atty., Newark, N. J., Stuart B. Rounds, Asst. U. S. Atty., Trenton, N. J., Samuel D. Slade, Attorney, Department of Justice, on the brief), for petitioner.

John Warren, Jr., Red Bank, N. J. (Parsons, Labrecque, Canzona, & Combs, Red Bank, N. J., on the brief), for respondent.

Before BIGGS, Chief Judge, and McLAUGHLIN and STALEY, Circuit Judges.

PER CURIAM.

A judgment against the United States cannot be sustained upon a theory of absolute liability. Dalehite v. United States, 346 U.S. 15, 44-45, 73 S.Ct. 956. Since the court below made no express finding as to negligent conduct on the part of the United States it is necessary to vacate the judgment and remand to the end that appropriate findings may be made. We make it plain, however, that we do not pass upon the question whether...

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