Richard Thomas Hinds v. United States of America, Fulton Insurance Company

Appellant, plaintiff below, is the owner of certain property which, on October 13, 1962, was damaged by fire. Alleging that the fire originated in a refuse dump owned by the Federal Government, appellant sought the recovery of his loss under the provisions of Section 1346 and related sections of Title 28, U.S.C., the Federal Tort Claims Act. The District Court, upon the basis of its findings of fact and conclusions of law, entered its judgment in favor of the Government. In his appeal, appellant strongly urges that certain of the trial court’s finding of fact were clearly erroneous and that the District Court improperly arrived at the legal conclusions which support the judgment.

The refuse dump, which was a pit or trench sixty feet long, twenty feet wide, and twelve feet deep, was located in Inyo National Forest, California, approximately two miles from appellant’s property. It was not actually used by the Government, but Government personnel, directly employed by the United States Forest Service, did, from time to time, undertake to burn refuse placed in the dump by campers and local residents of the area. On the morning of October 6, 1962, seven days before the appellant’s…