KIMBALL v. UNITED STATES

Civ. A. No. 1082-64.

262 F.Supp. 509 (1967)

Stephen R. KIMBALL, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. New Jersey.

January 17, 1967.


Attorney(s) appearing for the Case

White & Simpson, by Thomas Simpson, Woodbury, N. J., for plaintiff.

David M. Satz, Jr., U. S. Atty., Newark, N. J., by Donald G. Targan, Asst. U. S. Atty., for the United States.


OPINION

COHEN, District Judge:

The primary issue in this personal injury negligence action, under the Federal Tort Claims Act1, is whether the United States is vicariously liable under the doctrine of respondeat superior for the alleged negligent operation of the privately owned automobile of a United States soldier reporting late for duty who, it is claimed, was an employee "acting within the scope of his office or employment...

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