Elijah Muhammad, Albert Brown, Frances Brown, Bashie Muhammad and Joyce Muhammad v. United States of America, a Body Politic, and Arnold F. Allison

As a result of a collision in the intersection of two roads in an Indian reservation in Arizona between a United States Government school bus and a Cadillac automobile an action for damages under the Federal Tort Claims Act, 28 U.S.C. § 1346 (b) was filed in the United States District Court for the District of Arizona against the United States and Arnold F. Allison, the driver of the bus, by Elijah Muhammad, owner of the Cadillac, Albert Brown, driver thereof, and the three passengers in the Cadillac — Albert Brown’s wife Frances, Bashie Muhammad, and Joyce Muhammad. The action was tried before the court without a jury and a judgment in favor of the defendants was entered. The plaintiffs filed a timely appeal to this court which has jurisdiction under 28 U.S.C. § 1291 .

The evidence at the trial established that prior to the collision appellee Allison was operating an otherwise empty government school bus in an easterly direction on Casa Blanca Road in an Indian reservation in Arizona. This road intersects at approximately right angles with State Highway 93 which runs in a north-south direction. It is admitted that at the time of the accident Allison was acting in the course and…