MARCUM v. UNITED STATES

Civ. A. No. 901.

208 F.Supp. 929 (1962)

Gay MARCUM, individually, and Gay Marcum, Administrator of the Estate of Ada B. Marcum, deceased, and Gay Marcum, Administrator of the Estate of Stevie Marcum, deceased, Plaintiff, v. UNITED STATES of America, Defendant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Third-Party Defendant.

United States District Court W. D. Kentucky, Owensboro.

August 9, 1962.


Attorney(s) appearing for the Case

B. C. Green, Owensboro, Ky., for plaintiffs.

William E. Scent, U.S. Atty., Louisville, Ky., for defendant.

John B. Anderson, Owensboro, Ky., for third party defendant.


BROOKS, Chief Judge.

This action is based on the Federal Tort Claims Act, 28 U.S.C.A. § 1346, and is brought to recover damages resulting from an automobile accident. The primary issue to be determined is whether the government employee, Ernest E. Bell, the owner and operator of the pickup truck which collided with plaintiff's automobile, was acting within the scope of his employment at the time the accident occurred.

In July 1959, Bell was employed on...

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