United States v. Yellow Cab Co., 340 U.S. 543 (1951)

United States v. Yellow Cab Co.


Argued December 6, 1950
Decided February 26, 1951 *
340 U.S. 543

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

Syllabus

The Federal Tort Claims Act empowers a United States District Court to require the United States to be impleaded as a third-party defendant and to answer the claim of a joint tortfeasor for contribution as if the United States were a private individual. Pp. 544-557.

1. The Government has consented to be sued for contribution claimed by a joint tortfeasor in the circumstances of these cases. Pp. 546-552.

2. The Federal Tort Claims Act carries the Government’s consent to be sued for contribution claimed by a joint tortfeasor not only in a separate proceeding, but also as a third-part defendant. Pp. 552-557.

3. A different result is not required by the fact that the Act requires claims against the United States to be tried without a jury, whereas the Seventh Amendment to the Constitution preserves to private individuals their right of trial by jury on such claims in a federal court. Pp. 555-557.

181 F.2d 967, affirmed.

87 U.S.App.D.C. ___, 183 F.2d 825, reversed.

The cases are stated in the opinion. The judgment in No. 218 is affirmed, and that in No. 204 is reversed, p. 557.