Laird v. Nelms, 406 U.S. 797 (1972)

Laird v. Nelms


No. 71-573


Argued April 17, 1972
Decided June 7, 1972
406 U.S. 797

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

Syllabus

Damage from sonic boom caused by military planes, where no negligence was shown either in the planning or operation of the flight, is not actionable under the Federal Tort Claims Act, which does not authorize suit against the Government on claims based on strict or absolute liability for ultrahazardous activity. Dalehite v. United States, 346 U.S. 15. Pp. 798-803.

442 F.2d 1163, reversed.

REHNQUIST, J., delivered the opinion of the Court, in which BURGER, C.J., and WHITE, MARSHALL, BLACKMUN, and POWELL, JJ., joined. STEWART, J., filed a dissenting opinion, in which BRENNAN, J., joined, post, p. 803. DOUGLAS, J., took no part in the consideration or decision of the case.