United States v. Baker
United States v. Baker
Opinion of the Court
These appeals bring before us a judgment against the United States in the same three actions in the District Court, under the Federal Tort Claims Act, 28 U.S.C. §§ 1291, 1346(b), 2674 (1952), which were before us in Baker v. United States, and related cases, 97 U.S.App.D.C. 281, 230 F.2d 831. Those appeals questioned a judgment in favor of the United States. We remanded for reconsideration in light of Williams v. United States, 350 U.S. 857, 76 S.Ct. 100, 100 L.Ed. 761, under which the law of Virginia, where the accident occurred, would control the question of “scope of employment” of the serviceman driving the government vehicle which collided with another vehicle, resulting in the death and injuries involved in the three actions.
On reconsideration the District Court, applying the Virginia rule, held that the factual situation gave rise to a presumption that the serviceman driver was acting within the scope of his employment
Affirmed.
Reference
- Full Case Name
- United States v. Margaret BAKER, Administratrix, Estate of Dot John Baker, , Appellees UNITED STATES of America v. Vergie Ellen LEWIS, Appellee UNITED STATES of America v. Percy WALLER
- Cited By
- 1 case
- Status
- Published