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Indian Towing Co., Inc. v. United States, 350 U.S. 61 (1955)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Indian Towing Co., Inc. v. United States, 350 U.S. 61 (1955)
Indian Towing Co., Inc. v. United States No. 8 Argued February 10, 1955 Affirmed by an equally divided Court April 11, 1955 Rehearing granted May 16, 1955 Reargued October 13, 1955 Decided November 21, 1955 350 U.S. 61
ON REHEARING
Syllabus
If the Coast Guard is negligent in the operation of a lighthouse and damage is caused thereby, the United States is liable under the Tort Claims Act. Pp. 61-70.
(a) The language of 28 U.S.C. § 2674, imposing liability "in the same manner and to the same extent as a private individual under like circumstances," is not to be read as excluding liability for negligent conduct in the operation of an enterprise in which private persons are not engaged. Pp. 64-65.
(b) The Tort Claims Act does not impliedly incorporate the distinction between "governmental" and "nongovernmental" functions which has caused confusion in the law of municipal liability for torts. Pp. 65-69.
(c) Once the Coast Guard has exercised its discretion to operate a lighthouse at a certain place, it is obligated to use due care to make certain that the light is kept in good working order, and, if the light becomes extinguished, the Coast Guard is further obligated to use due care to discover this fact and to repair the light or give warning that it is not functioning. P. 69.
(d) Feres v. United States, 340 U.S. 135, and Dalehite v. United States, 346 U.S. 15, distinguished. P. 69.
211 F.2d 886 reversed and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Indian Towing Co., Inc. v. United States, 350 U.S. 61 (1955) in 350 U.S. 61 Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=ADEN5A4U666VJ6A.
MLA: U.S. Supreme Court. "Syllabus." Indian Towing Co., Inc. v. United States, 350 U.S. 61 (1955), in 350 U.S. 61, Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=ADEN5A4U666VJ6A.
Harvard: U.S. Supreme Court, 'Syllabus' in Indian Towing Co., Inc. v. United States, 350 U.S. 61 (1955). cited in 1955, 350 U.S. 61. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=ADEN5A4U666VJ6A.
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