United States v. Johnson

On December 22, 1949, Johnson, a citizen and resident of Contra Costa County, California, a civilian employee of the Navy upon the Island of Guam, was injured by the overturning of a vehicle in which he was riding. At the time vehicle was being driven by one Moore, a Navy chief pharmacist’s mate. Johnson brought this action under the Federal Tort Claims Act, 28 U. S.C.A. § 1346(b). He recovered judgment, and the United States, upon this appeal, asserts error in the court’s finding (1), that Moore, the driver, was acting “in line of duty”, and (2), that the injury resulted from carelessness and negligence for which the United States was responsible.

The facts relating to Moore’s duties and employment and the circumstances surrounding the accident which caused the injuries were not developed with much detail in the trial court. The following statements were all admitted for the record:

1. “On December 22, 1946 one John F. Moore was an enlisted man, to-wit, a Chief Pharmacist’s Mate in the United States Navy, and was stationed on the Island of Guam, attached to Fifth Service Depot, on duty at Eighth Ammunition Company.”

2. “On the afternoon of December 22, 1946 John F. Moore was…