Ralph W. Rollins v. United States

Appellant filed an action against the United States of America under the Tort Claims Act, 28 U.S.C.A. § 1346 (b), for personal injuries alleged to have been sustained by appellant on August 18, 1954, arising out of a collision which occurred on that date between the automobile driven and operated by appellant and a motor vehicle belonging to the United States of America, Department of the Army. The district court dismissed appellant’s action on the ground that the court lacked jurisdiction to hear and determine the matter because of appellant’s failure to complete service of summons and complaint upon the United States within the period of the two-year statute of limitations provided for in the Tort Claims Act, Title 28 U.S.C.A. § 2401 (b), which provides in pertinent part that a tort claim against the United States “shall be forever barred unless action is begun within two years after such claim accrues * * * Appellant appeals to this Court from such judgment of dismissal. This Court has jurisdiction of the appeal under Title 28 U.S.C.A. §§ 1291 and 1294.

In order to fully present and consider the propriety of the district court’s judgment of dismissal it is necessary to give a…