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DEPARTMENT OF WATER AND POWER v. UNITED STATES

No. 16086-C.

131 F.Supp. 329 (1955)

DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. California, Central Division.

May 10, 1955.

Attorney(s) appearing for the Case

Roger Arnebergh, City Atty., Gilmore Tillman, Chief Asst. City Atty., Wallace J. Manley and Desmond J. Bourke, Deputy City Attys., Los Angeles, Cal., for plaintiff.

Laughlin E. Waters, U. S. Atty., Max F. Deutz, Asst. U. S. Atty., Chief of Civil Division, Joseph D. Mullender, Jr., Asst. U. S. Atty., Los Angeles, Cal., for defendant.

JAMES M. CARTER, District Judge.

The question presented in the instant case is whether the plaintiff, a municipal corporation, can recover certain allocated indirect expenses purportedly incurred by it when it repaired its own electrical system following tort damage by an instrumentality of the defendant, United States of America.

The parties by stipulation agreed that:

(1) On March 2, 1953 a power pole owned by the plaintiff and located at or near...

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