White

This is a suit by appellee (hereafter White) under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346 , 2671 et seq., to recover damages for personal injuries accidentally sustained on the Camp Beale Army base located near Marys-ville, California. On a trial to the court findings were made and judgment awarded in White’s favor.

At and prior to the time of the accident (November 22, 1946) White was an employee of Mars Metal Company. Pursuant to invitation from the War Department, Mars had entered into a contract with the government for the purchase of non-ferrous scrap metal located on the Camp Beale firing ranges at a specified price. White sustained his injuries while collecting scrap metal as an employee of Mars pursuant to this contract.

The court found on the basis of sufficient evidence that prior to White’s entry on the strafing range, where the accident occurred, the government knew there was a strong possibility that unexploded shells or duds existed on that range and that the presence thereof posed a condition of extreme danger to any person entering thereon. A month prior to the accident Captain Jones, the Post Range Officer in charge, had conducted a survey of the Camp…