Althea G. Williams v. United States

The instant appeal brings this Tort Claims Act suit here for the second time. See decision of this Court in Williams v. United States, 9 Cir., 215 F.2d 800 . On certiorari to the Supreme Court, that Court vacated the judgment of this Court and in a brief order ( 350 U.S. 857 , 76 S.Ct. 100 , 100 L.Ed. 761 ) remanded the case “for consideration” in the light of the controlling California doctrine of respondeat superior. Upon this remand the case was further “considered” by the District Court on the original trial record upon which that court based its first decision reported in 105 F.Supp. 208 . The District Court rendered a second opinion and decision which is reported in 141 F.Supp. 851 . The present appeal is from the judgment entered on this second decision.

The Basic Facts

From the record certain .facts appear to be clearly established. Appellant, an employee of a private construction firm on the Island of Guam, sustained personal injuries when a parked car in which she was sitting was struck by a military vehicle driven by Corporal Seabourn. The accident occurred near a “breakwater” parking spot in Agana, Guam at or about 10:30 p. m. on March 3, 1949. Seabourn had obtained…