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RICH v. UNITED STATES

Civ. A. No. 13903.

144 F.Supp. 791 (1956)

Francis X. RICH v. UNITED STATES of America.

United States District Court E. D. Pennsylvania.

January 26, 1956.

Attorney(s) appearing for the Case

Henry Bischoff, Herman A. Becker, Philadelphia, Pa., for plaintiff.

W. Wilson White, U. S. Atty., Arthur R. Littleton, Asst. U. S. Atty., Philadelphia, Pa., for defendant.

KIRKPATRICK, Chief Judge.

The question presented is, Under what circumstances may a soldier recover under the Federal Tort Claims Act, 28 U.S. C.A. §§ 1346, 2671 et seq. for injuries negligently caused by another soldier or employee of the Government?

In Brooks v. United States, 337 U.S. 49, 69 S.Ct. 918, 93 L.Ed. 1200, recovery was allowed, the Court saying that the accident had nothing to do with the plaintiff's...

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