U.S. Court of Appeals for the Third Circuit, 1953

Nola S. Heale v. United States

U.S. Court of Appeals for the Third Circuit · Decided October 19, 1953 · Biggs, Mc-LAUGHLIN, Per Curiam, Staley

207 F.2d 414 (Federal Reporter, Second Series)

Counsel

Benjamin Forman, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., Grover C. Richman, Jr., U. S. Atty., -Newark, N. J., Stuart B. Rounds, Asst. U. S. Atty., Trenton, N. J., Samuel D. Slade, Attorney, Department of Justice, on the brief), for petitioner., John Warren, Jr., Red Bank, N. J. (Parsons, Labrecque, Canzona, & Combs, Red Bank, N. J., on the brief), for respondent.

Cases that cite this one

1 later published case cites this decision.

United States v. Freeman Taylor, United States of America v. Homer L. Demoss (6th Cir. 1956)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

A judgment against the United States cannot be sustained upon a theory of absolute liability. Dalehite v. United States, 346 U.S. 15, 44-45, 73 S.Ct. 956. Since the court below made no express finding as to negligent conduct on the part of the United States it is necessary to vacate the judgment and remand to the end that appropriate findings may be made. We make it plain, however, that we do not pass upon the question whether the record would or would not sustain a finding of negligence against the United States. This is a matter which rests with the trial court.

The judgment appealed from will bb vacated and the case is remanded with the direction to proceed in accordance with this opinion.

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