State of Washington v. United States. United States v. State of Washington

194 F.2d 38 STATE OF WASHINGTON et al. v. UNITED STATES. UNITED STATES v. STATE OF WASHINGTON et al. No. 12895. United States Court of Appeals Ninth Circuit. January 25, 1952. 1 Smith Troy, Atty. Gen., of Washington, Harry L. Parr and C. R. Nelson, Asst. Attys. Gen., of Washington, for appellant State of Washington. 2 J. Charles Dennis, U. S. Atty., Guy A. B. Dovell, John E. Belcher, Assts. U. S. Attys., Seattle, Wash., for appellant United States. 3 Before DENMAN and ORR, Circuit Judges, and DRIVER, District Judge. 4 DRIVER, District Judge. 5 The State of Washington, as subrogee of a State Patrolman, under the provisions of the Workmen's Compensation Law, 1 and the Attorney General of the State, as plaintiffs, brought an action against the United States, based upon the Federal Tort Claims Act, 2 for damages for personal injuries sustained by the Patrolman, when the vehicle which he was driving came into collision with a Government fire truck. The plaintiffs appealed from a judgment for the defendant. The United States cross-complained for damages to its fire truck and cross-appealed from the District Court's denial of its claim. However, abandonment of the cross-appeal was…