Canon

This suit is brought under the Tort Claims Act, 28 U.S.C.A. § 921 et seq., 1948 Revision, 28 U.S.C.A. § 2671 et seq.

At a prior trial of the same cause, the Court granted a motion by the United States for dismissal. Cannon v. United States, D.C.N.D.Cal., 84 F.Supp. 820 . On appeal, the judgment was reversed. Canon v. United States, 9 Cir., 188 F.2d 444 .

The facts are that plaintiff was a civilian medical secretary or clerk employed in the DeWitt General Hospital at Auburn, California, operated by the Medical Department of the War Department. On June 14, 1945, while she was so employed, Colonel William Smith, commanding officer of the hospital, arranged for her to be operated upon in the Army Hospital for varicose veins in her legs, a disease or ailment with which she had been afflicted for some time. The operation was performed by Dr. E. Wm. Rector and she received post-operative treatment from both Dr. Rector and Dr. Norman Freeman, chief of the vascular section of the Hospital, both of whom were medical officers on duty at the Hospital.

Plaintiff contends that the operation was negligently performed and resulted in infection of the wound, and that such negligence,…