United States v. State of Arizona

Roderick J. Krause, a boy scout from Bisbee, Arizona, was injured on April 2, 1949, on the Fort Huachuca Military Reservation in Southern Arizona while fooling with a live bazooka shell. Under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346 , 2671 et seq., an action was brought by the father, Joseph L. Krause, in his own right and as guardian ad litem •for the infant.

Fort Huachuca has a long history as a United States military post. A month or so previous to the injury, the United States had deeded the land where the injury happened to the state of Arizona. It seems to be conceded that the unexploded bazooka shell, along with other war missiles, had been left behind by the United States military on an abandoned range. The area was not marked as dangerous. Ten months previously a U. S. Army bomb and shell disposal team had issued a certificate of clearance after supposedly dedudding and decontaminating the vicinity.

The plaintiff asserted negligence in leaving the former range without warning signs, negligent failuz'e to dedud and negligent issuance of the clearance certificate.

In addition to denying plaintiff’s allegations, the United States pleaded as a defense: “It wasn’t…