United States v. Wibye (Two Cases)

These cases were consolidated for argument on appeal, the facts being the same in each. The United States appeals from judgments awarding appellees Niels K. Wibye and Harold K. Wibye damages in the .amount of $60,000 and $45,000 respectively 'for personal injuries incurred by them when the automobile in which they were riding was struck by an army automobile owned by the government and driven -by one Hadley, a war department employee. The two appellees’ separate-suits are under the Federal Tort Claims. Act, 28 U.S.C. (1946 ed.) § 931 (now 28 U.S.C. § 1346 (b), et seq.

The United States here contends (a) thatHadley’s negligence was not shown, and (b) that this government employee was not. acting within the scope of his employment.

Negligence:

The government argues that appellees have not sustained their burden of proof of Hadley’s negligence. We do not agree. The uncontradicted evidence is that Hadley drove the army automobile westerly on the California three lane highway on State Route 513. The collision with the appellees’ car, driven easterly on that highway, occurred between the California towns of Dublin and Castro Valley. Hadley’s car turned from the right lane across and…