Williams v. United States

Plaintiff brought this action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 , 2671 et seq., to recover damages for injuries sustained by her due to the negligent operation of an army vehicle by an intoxicated soldier. The negligence and plaintiff’s injuries were not disputed by the defendant. The sole question presented for consideration by the trial court was whether the soldier was acting within the course and scope of his employment within the purview of the Tort Claims Act. On June 4, 1952, this court entered judgment in favor of defendant.- Williams v. United States, D.C., 105 F.Supp. 208 . This judgment was affirmed by the Court of Appeals on September 8, 1954. Williams v. United States, 9 Cir., 215 F.2d 800 .

On October 17, 1955 1 the Supreme Court of the United States vacated judg-. ment for defendant and remanded the case for further consideration stating the-following:

For the sake of continuity of thought, it will be well to restate the pertinent facts to be considered in determining whether the California doctrine of respondeat superior renders the government liable herein. The evidence discloses that on the day of the collision, March 3, 1949, Seabourn had a…