Althea G. Williams v. United States

This is an appeal from a judgment denying delief in an action under the Federal Tort Claims Act, herein “the Act.” The decision of the lower court is reported in 105 F.Supp. 208 .

At all times here pertinent appellant was a civilian employed as a teacher by the Army Air Force, and also as a secretary by a private construction firm operating on the Island of Guam. She was injured on the night of March 3, 1949, at or about 10:30 p.m. while sitting in a vehicle then parked on a “turnabout” place located on the end of what was called the Crystal Breakwater, this being an area on the Island reserved for “parking” purposes, and a place where cars were customarily parked.

At the time above mentioned an army vehicle then being driven by one Seabourn (a clerk in the Supply Department of the United States Army based on the Island) crashed his vehicle into the side of appellant’s car, causing the physical injuries upon which this action was based. There was overwhelming evidence that Seabourn was drunk at the time.

Pertinent provisions of the Act, Title 28 U.S.C.A., read as follows:

§ 1346:

The Question Presented.

Whether the United States is liable, under the terms of the Act, above…