Brooks v. United States, 337 U.S. 49 (1949)

Brooks v. United States

No. 388

Argued March 2, 1949
Decided May 16, 1949 *
337 U.S. 49

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

Syllabus

1. That a person was a member of the armed forces at the time of the accident does not prevent recovery of a judgment against the United States under the Federal Tort Claims Act for his death or injury (not incident to his services in the armed forces) resulting from the negligence of an employee of the Government. Pp. 50-53.

2. This does not necessarily mean that the amount payable under servicemen’s benefit laws should not be deducted, or taken into consideration, when a serviceman obtains a judgment against the Government under the Federal Tort Claims Act. Pp. 53-54.

169 F.2d 840 reversed.

A District Court gave judgment against the Government under the Federal Tort Claims Act, 60 Stat. 842, 28 U.S.C. (1946 ed.) § 931 (now § 2674), for the death of one member of the armed forces and the injury of another (not incident to their service) resulting from the negligence of an employee of the Government. The Court of Appeals reversed. 169 F.2d 840. This Court granted certiorari. 335 U.S. 901. Reversed and remanded, p. 54.