Solon B. Clark, Jr., and Geraldine A. Clark, Husband and Wife, and Related Cases v. United States

In the year 1948 flood waters in great volume flowed down the Columbia River. This volume of water generated sufficient force' to cause a break in an embankment protecting the town of Van-port, Oregon, a large housing project, with the result that the town was inundated and substantial property damage was sustained. In addition, fourteen lives are reputed to have been lost. Some of the residents suffering loss took the position that the United States, because of the carelessness and negligence of certain of its agents and agencies, was liable to them in damages. They brought suit to recover under the Tort Claims Act, 28 U.S.C.A. §§ 1346 , 2671 et seq., in the United States District Court for Oregon. That Court found that the United States was not liable. We are asked to reverse.

Appellants make several contentions, one being that the Corps of Engineers of the United States Army, hereafter Engineers, was negligent in failing to perform a duty owed the residents of Vanport; another, that the Housing Authority of Portland, an alleged agency of the United States, was negligent; and, also, liability of the United States because of negligence of certain railroads. The United States,…