Westfall

The United States appeals from a judgment rendered against it in a suit under the Federal Tort Claims Act. Numerous errors are assigned, only a few of which are thought deserving of notice.

1. Plaintiff’s injury giving rise to the suit occurred in the State of Washington February 20, 1946. The action was commenced April 21, 1950. It is contended that the cause was barred by the state statute prescribing a three-year limitation in suits for personal injury. The Tort Claims Act, however, prescribes its own limitation. State of Maryland v. United States, 4 Cir., 165 F.2d 869 . The Act, as amended April 25, 1949, 28 U.S.C.A. § 2401 (b), provides a limit for presentation of two years after the claim accrues or of one year after adoption of the amendatory act, whichever is later. The suit was timely filed.

2. Appellee was injured while traveling aboard a United States army bus. It is claimed that she was a guest passenger within the intendment of the Washington guest statute, Remington’s Revised Statutes, § 6360-121. This provides that no person transported -by the owner of a motor vehicle as an invited guest or licensee, without payment for the transportation, shall have a cause of…