Benbow v. Wolf. Wolf v. United States

An action was brought on behalf of a six year old minor named Wolf on the claim that personal injuries were sustained when a government mail truck driven by Benbow, employed as a mail carrier, negligently struck him. The United States, as the employer of the carrier, was also made defendant. Issues were joined by both defendants.

The question of the liability of the individual defendant was segregated and tried before a jury, which found in favor of the minor and assessed damages at $10,000.00. Thereupon, the Court, without a jury, based upon an admission of the government that Benbow was an agent of the United States acting in the scope of his employment, tried the segregated issues respecting the government and on the same record entered a judgment for Wolf in the sum of $2,500.-00. A joint judgment was entered for these diverse amounts.

The Supreme Court of the United States has said that the difficulties presented by joinder in this type of case and separate findings of liability as to an individual and the government are “not insurmountable.” The proposition is here reduced to surd. The unsolvable dilemma which was presented to the trial judge in this case was not of his…