United States v. Noel Hunt McRoberts

The appellees instituted suit in the District Court against the Government under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b), 2674. The complaint alleged negligent operation of an automobile by a military serviceman named Bryant. The Government did not contest the allegation of negligence but contended that Bryant was not acting within the scope of his employment at the time of the accident out of which the suit arose. The District Court found that the serviceman was within the scope of his employment and entered judgment in favor of the appellees. The Government appeals. Our jurisdiction rests on 28 U.S.C. § 1291 .

Bryant had been stationed at Travis Air Force Base, California, prior to the accident. In November, 1963, he received orders permanently transferring him from that station to the 315th Troop Carrier Group, Pacific Air Force, APO San Francisco, where he was to report on March 14th, 1964. In the interim, Bryant was authorized 45 days’ leave following which he was to report for temporary duty, commencing January 20, 1964, at Pope Air Force Base in North Carolina. After a thirty-seven day training course there, he was to have spent an additional three days of…