United States v. Charles Grissler and Agnes Elizabeth Grissler

Charles Grissler and Agnes Elizabeth Grissler, appellees herein, brought an action in the United States District Court for the District of Arizona against the United States of America, appellant herein, for injuries sustained by Mrs. Grissler as a result of an automobile collision between an automobile operated by appellee Charles Grissler and an automobile operated by one Max E. Wilson, an employee of the Farmers’ Home Administration, Department of Agriculture, a department of the appellee United States. Appellant in its answer admitted that Max E. Wilson was its employee and that he was acting in the scope of his employment when the accident occurred. However, appellant denied that Wilson was negligent and alleged that Mr. Grissler had been contributorily negligent, which negligence would be imputed to Mrs. Grissler. The district court had jurisdiction under the provisions of the Federal Tort Claims Act, 28 U.S.C.A. § 1402 (b). The district court awarded damages to appellees. This appeal followed and we have jurisdiction under 28 U.S.C.A. § 1291 .

The district court made findings of fact that appellant’s employee had been negligent and that appellees had not been contributorily…