United States v. Elmer G. Coffey and Mrs. Elmer G. Coffey, Husband and Wife

This was an action under the Tort Claims Act, 28 U.S.C.A. §§ 1346 , 2671 et seq., in the Eastern District of Washington for personal injuries sustained by Elmer G. Coffey by the explosion of a 13 pound Mark A & N aerial practice bomb into which he was attempting to drive a bolt by means of blows of a hammer.

Coffey was a farmer who had a hobby of casting bullets. He maintained a “collection” of live ammunition, including one mortar shell the cap of which had not been deactivated. At the time of the accident, he was engaged in teaching a friend how to cast bullets, and, since he had noticed the lead in an object in his possession was apparently harder than that he was then using, he decided to use the material of the latter. Since the object was covered with dirt ¿and corrosion, he beat it with a hammer, and then, noticing a hole which apparently ran through the object, which was filled with dirt, he decided to drive a pin through it, thus causing the accident. His testimony is that he did not know the object was a bomb, but assumed that it was a plumb bob or current measuring device.

The bomb had been found by two brothers-in-law of Coffey while hunting on private property of an…