Canon

This is an appeal from a judgment denying recovery in a suit brought under the Tort Claims Act, 28 U.S.C.A. §§ 1346 , 2671 et seq. The trial court, sitting without a jury, ordered a dismissal at the close of the case for the plaintiff. The opinion of the judge outlining the situation and giving his reasons for the judgment is reported in Cannon v. United States, D.C., 84 F.Supp. 820 . His opinion dispenses with the need for any extended discussion here.

The testimony of the plaintiff was that while she had varicose veins prior to her being employed in the DeWitt General (Army) Hospital, her occupation there had increased the infirmity to the point where she could no longer work. The initial question, of course, and the one on which the trial judge disposed of the case, is whether the Commanding Officer acted within the scope of his authority in admitting her to treatment at the hospital for this condition.

The conduct of this hospital, as of other Army hospitals, was governed by Army Regulations No. 40-590, a copy of which was before the trial court. The portions of the Regulations necessary to be noticed here provide:

(13) Civilian employees of the United States Government…