Pacific Freight Lines and Sidney S. Russell v. United States

Plaintiffs below appeal from a judgment in favor of defendant-appellee, the United States. The action, laid under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346 , 2671 et seq., was brought by appellants Pacific Freight Lines (hereafter “Pacific”), suing for property damage, and Sidney S. Russell, suing for personal injuries, as a result of a collision between a vehicle owned by Pacific and driven by Russell and a vehicle owned by the United States of America (hereafter “Government”) and driven by Eugene A. Phelps, a member of the United States Air Force. Judgment was rendered in faVor of Pacific and Russell against defendant Phelps, and in favor of the Gov-eminent and against the plaintiffs.

The dominating issue on this appeal is whether Eugene A. Phelps was acting within the scope of his service or employment at the time of the collision, The following summary of facts before the trial court is necessary to determine the issue.

On February 4, 1954, Eugene A. Phelps, an airman second class in the United States Air Force, was stationed at George Air Force Base, hereafter called “Base”, located near Victorville, California. He was a driver in the staff car section of the motor…