United States v. Myrtle Canon

The United States appeals from a judgment of the District Court awarding Myrtle Canon damages for negligence in an operation on her and operation treatment by Army surgeons in the DeWitt General Hospital near Auburn, California, in which she was serving as a civilian medical secretary.

The case was before us on appeal from a judgment dismissing the complaint. We reversed and remanded for a new trial, 9 Cir., 188 F.2d 444, 446 , stating:

One of the grounds of the government’s appeal is that the Army surgeon had no official right to operate on Miss Canon because she was not suffering from a type of disease specified in the above Army regulation and hence the United States is not liable under Section 1346 of 28 U.S.C. That section provides for the government’s liability for personal injuries “caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.”

By Section 2671, members of the military forces of the United States are…