United States v. Spelar, 338 U.S. 217 (1949)

United States v. Spelar


No. 42


Argued October 18, 1949
Decided November 7, 1949
338 U.S. 217

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

Syllabus

The Federal Tort Claims Act, which is inapplicable, by its terms, to any claim "arising in a foreign country," does not authorize an action against the United States for an allegedly wrongful death occurring at a Newfoundland air base under long-term lease from Great Britain to the United States and allegedly resulting from the negligent operation of the air base by the United States. Vermilya-Brown Co. v. Connell, 335 U.S. 377, distinguished. Pp. 218-222.

171 F.2d 208 reversed.

The District Court dismissed an action brought against the United States under the Federal Tort Claims Act, to recover for the allegedly wrongful death of a flight engineer at an air field in Newfoundland leased by the United States from Great Britain. 75 F.Supp. 967. The Court of Appeals reversed. 171 F.2d 208. This Court granted certiorari. 336 U.S. 950. Reversed, p. 222.