Charles J. Friday v. United States

Friday appeals from a summary judgment denying his claim against the United States for damages in the amount of $61,386.85 and costs for injuries received by him from a collision of his automobile with another automobile driven by one Lacy, which was caused by an alleged negligently driven truck hitting the rear of Lacy’s car and forcing it to the wrong side of the road in the path of Friday’s car. The wrongdoing truck belonged to the United States and was then being used in its service in transporting one Fennerty, its driver, on U. S. Highway 30 in the State of Idaho. Further negligence of the United States is alleged as follows:

We do not agree with the holding of the district court that this alleged conduct of Wells, whose real name was agreed to be West, in putting on the highway such a dangerous combination of a man mentally incapable of driving an automobile safely, and the automobile which thereby became a powerfully dangerous instrument, does not state a cause of action. It is a separate cause of action from that of Fennerty’s different negligence.

Nor do we agree with district court that West’s choice between sending or not sending such a dangerous combination on a…