CITY OF NEWARK v. UNITED STATES

No. 12274.

254 F.2d 93 (1958)

The CITY OF NEWARK, a Municipal Corporation of the State of New Jersey, Appellant, v. UNITED STATES of America.

United States Court of Appeals Third Circuit.

Decided March 20, 1958.


Attorney(s) appearing for the Case

Jacob M. Goldberg, Newark, N. J. (Vincent P. Torppey, Newark, N. J., Joseph A. Ward, Newark, N. J., on the brief), for appellant.

Morton Hollander, Washington, D. C. (Geo. S. Leonard, Acting Asst. Atty. Gen., Chester Weidenburner, U. S. Atty., Newark, N. J., Paul A. Sweeney, Atty. Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.


STALEY, Circuit Judge.

An intersection collision between an ambulance of the City of Newark and a mail truck of the United States presents in this appeal the interesting question of the permissive extent of defenses based upon sovereign immunity in an action between a municipality and the federal government.

The facts are relatively simple and free from dispute. On April 13, 1955, an ambulance owned by the City of Newark was being driven on an errand of mercy...

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