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WILLIAMS v. UNITED STATES

No. 28870-E.

105 F.Supp. 208 (1952)

WILLIAMS v. UNITED STATES.

United States District Court N. D. California, S. D.

June 4, 1952.

Attorney(s) appearing for the Case

Henry C. Clausen, San Francisco, Cal., for plaintiff.

Chauncey Tramutolo, U. S. Atty., Rudolph J. Scholz, Asst. U. S. Atty., both of San Francisco, Cal., for defendant.

ROCHE, Chief Judge.

Plaintiff has brought this action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2671 et seq., to recover damages for injuries sustained through the negligence of an intoxicated soldier. The negligence and plaintiff's injuries are not disputed by the defendant. The sole question for decision is whether the soldier was acting within the course and scope of his employment within the purview of the Tort Claims Act. Its determination...

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