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Federal Tort Claims Act

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Articles 61 - 71 of 71

Full-Text Articles in Law

United States Held Liable Without Proof Of Negligence Under The Federal Tort Claims Act, Gordon G. Conger Jul 1961

United States Held Liable Without Proof Of Negligence Under The Federal Tort Claims Act, Gordon G. Conger

Washington Law Review

In Hess v. United States, the Government was held liable for the death of a workman who was participating in the repair of the Bonneville Dam on the Columbia River, though the district court found that the Government was in no way negligent.


Federal Government Liability "As A Private Person" Under The Tort Claims Act Apr 1958

Federal Government Liability "As A Private Person" Under The Tort Claims Act

Indiana Law Journal

No abstract provided.


Aviation Law - Tort Liability For Damage To Persons Or Property On The Ground - Res Ipsa Loquitur, Allan L. Bioff Apr 1957

Aviation Law - Tort Liability For Damage To Persons Or Property On The Ground - Res Ipsa Loquitur, Allan L. Bioff

Michigan Law Review

Plaintiff's fishing vessel was struck and sunk by a practice bomb released from a Marine Corps aircraft. An action was brought against the government under the Federal Tort Claims Act. Plaintiff could produce no proof of negligence on the part of the government. Held, recovery allowed. The doctrine of res ipsa loquitur is applicable. Goodwin v. United States, (E.D. N.C. 1956) 141 F. Supp. 445.


Federal Tort Claims Act Summarized, Russell E. Ake Jan 1957

Federal Tort Claims Act Summarized, Russell E. Ake

Cleveland State Law Review

To attempt a brief summary of the Federal Tort Claims Act may be likened to an attempt to explain atomic energy in ten words. But such a summary may be of some usefulness to our esteemed adversaries - the plaintiff's counsel in FTCA cases. Like most statutes, both state and federal, the text of this Act is encompassed within a few paragraphs. Then there follows a welter of interpretations, exceptions, and constructions. However, I shall attempt to hit the high spots and see if we can't come at least to a general understanding of what it's about and what it …


Strict Liability And The Federal Tort Claims Act, Robert C. Cetrulo Jan 1957

Strict Liability And The Federal Tort Claims Act, Robert C. Cetrulo

Kentucky Law Journal

No abstract provided.


The Federal Tort Claims Act: A Proposed Construction Of The Discretionary Function Exception, Cornelius J. Peck Aug 1956

The Federal Tort Claims Act: A Proposed Construction Of The Discretionary Function Exception, Cornelius J. Peck

Washington Law Review

The purpose of this article is a limited one. It contains no suggestions for a broad statutory scheme for distributing all the burdens and costs of government. Its purpose is to suggest no more than a workable and just construction for the discretionary function exception of the statute. For the greatest part, the suggestion is no more than what the legislative history of the exception suggests—that the courts take note of the special problems of determining the liability of the Government for torts and then proceed to decide the cases as they would have done if the exception were not …


Torts - Federal Torts Claims Act- Pertinence Of Governmental Proprietary Distinction, David L. Nelson Apr 1956

Torts - Federal Torts Claims Act- Pertinence Of Governmental Proprietary Distinction, David L. Nelson

Michigan Law Review

The tug Navajo went aground and its cargo was severely damaged by water. The owners and insurers of the tug and its cargo brought an action under the Federal Tort Claims Act alleging that the grounding of the Navajo was caused by the failure of the light in the lighthouse on Chandeleur Island, and that this failure was attributable to negligent acts and omissions on the part of Coast Guard personnel whose duty it was to check the light. The district court dismissed the action on the ground that the United States had not consented to be sued in the …


Torts--Voluntary Assumption Of Duty--Federal Tort Claims Act, W. A. K. Apr 1956

Torts--Voluntary Assumption Of Duty--Federal Tort Claims Act, W. A. K.

West Virginia Law Review

No abstract provided.


The National Guard And The Federal Tort Claims Act, Stanley D. Rose Feb 1953

The National Guard And The Federal Tort Claims Act, Stanley D. Rose

Vanderbilt Law Review

In a comment appearing in a previous issue of the Vanderbilt Law Review there was a discussion of the application to military personnel of the Federal Tort Claims Act. One part of that comment may now be expanded. The torts of National Guards men whose units have not been called into federal service do not create a cause of action under the Federal Tort Claims Act. The National Guard of the United States is a reserve component of the Army of the United States. It is made up of the National Guard of the several states, territories and the District …


Federal Tort Claims Act As Applied To Military Personnel, James F. Hoge Jan 1952

Federal Tort Claims Act As Applied To Military Personnel, James F. Hoge

Kentucky Law Journal

No abstract provided.


The Discretionary Function Exemption Of The Federal Tort Claims Act Oct 1951

The Discretionary Function Exemption Of The Federal Tort Claims Act

Indiana Law Journal

No abstract provided.