United States v. Harold Kennedy
Opinion
Opinion
Denman, J.
The United States appeals from a judgment of the United States District Court for the Western District of Washington, Northern Division, which found the United States liable for injuries suffered by appellee which were caused by the negligence of a sergeant in the United States Army. The Government contends that under the Washington law of respondeat superior, made applicable to such suits under the Federal Tort Claims Act by Williams v. United States, 1955, 350 U.S. 857 , 76 S.Ct. 100 , the District Court erred in holding it responsible for this negligence of one of its soldiers. That the soldier was negligent is not questioned.
On January 5, 1954, Sergeant First Class Richard E. Mayer was reassigned from Fort Lewis, Washington to the Army Language School in the Presidio of Monterey, California, to equip himself for Army service in the Chinese language. Sergeant Mayer was not required to report to the school until January 28, 1954, and was authorized to take ten days leave in Seattle, Washington, about 47 miles north of Fort Lewis, followed by four days travel time to the school, some one thousand miles to the south.