People of the State of California v. United States

This is an appeal from a judgment of the District Court dismissing appellant’s action for lack of jurisdiction over the subject matter. Appellant filed its “complaint for damages” under the Federal Tort Claims Act, 28 U.S.C.A. § 1346 (b), to recover expenses incurred by the State of California in suppressing an uncontrolled fire on land within the State in the sum of $11,128.76. The complaint alleged that employees of the United States Forest Service set fire to flammable vegetation on land owned and controlled by the United States within the Klamath National Forest in connection with a land clearance reforestation project, that said agents and employees of the United States failed to exercise reasonable care and were negligent in failing to control the’ fire; as a proximate result of which negligence there resulted an uncontrolled fire upon land covered by timber, grass, brush and other flammable vegetation “not owned by the United States,” by reason of which the State, through its State Forester and Division of Forestry, Department of Natural Resources, incurred the expenses complained of. The action was also based upon the provisions of the California Health and Safety Code,…