Benson v. United States

141 Ct. Cl. 273, 1958 U.S. Ct. Cl. LEXIS 74, 1958 WL 7323
CourtUnited States Court of Claims
DecidedJanuary 15, 1958
DocketCong. No. 17876
StatusPublished
Cited by3 cases

This text of 141 Ct. Cl. 273 (Benson v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Benson v. United States, 141 Ct. Cl. 273, 1958 U.S. Ct. Cl. LEXIS 74, 1958 WL 7323 (cc 1958).

Opinion

Jones, Chief Judge,

delivered the opinion of the court:

This Congressional reference case involves a number of claimants.1 It was referred by this court, pursuant to Buie 45 (c), to the Honorable W. Ney Evans, a trial commissioner of the court, for the purpose of taking testimony, and with directions to make findings as to the facts and to submit a recommendation as to whether, under the applicable statutes, the “demand is a legal or equitable claim or a gratuity, and the amount, if any, legally or equitably due from the United States to the claimant[s]”.(28 U. S. C. § 2509).

After taking extensive testimony and considering scores of documents, Commissioner Evans has filed his findings and conclusions, which axe set out below, and which, with minor modifications, we have adopted.

The claims arise by reason of the explosion of a truckload of munitions enroute from the Charleston Ordnance Depot, South Carolina, to the Edgewood Arsenal, Maryland, via common carrier truck.

The cargo consisted of 40,000 burster charges, containing 5,600 pounds of tetryl and 2,400 pounds of TNT.

Pursuant to instructions, the carrier had delivered the truck to Army personnel for loading at the point of origin. The work of loading was performed, supervised, and inspected by Army personnel, then the cargo compartment was closed and sealed by them, and later the same day was delivered to the carrier’s employees for transporting to destination.

[275]*275While it was known that the cargo consisted of munitions, its extremely explosive nature was apparently not disclosed to the carrier’s employees.2 A collision occurred at the junction of highways 70 and 301 that evidently was not due to any fault of the driver of the truck. An auxiliary tank of gasoline was broken by the impact and the spilled contents burst into flames. Approximately an hour and a half later a tremendous explosion occurred which made an oblong crater 40 feet wide, 50 feet long, and 25 feet deep. Six people were killed, 40 were injured and a considerable amount of property was destroyed.

During the intervening period between the collision and the explosion a number of people had gathered, and while some warning was given, no one seemed to have appreciated the extreme explosive nature of the cargo. The full details are set out in the findings.

When all the facts and circumstances are considered the question of legal liability of the United States is doubtful. However, in the broad sense of equitable claims, as set out in Burkhardt v. United States, 113 C. Cls. 658, 667, we agree with the conclusion of the trial commissioner. ' This position is strengthened by the policy laid down by the Congress in connection with the claims of the victims of the Texas City disaster. The issues in connection with the claims arising from that disaster were much the same as those involved here.

Becommendation

The court having approved the findings and recommendations of the commissioner concludes that the claims are equitable in nature and reports to the House of [Representatives, pursuant to 28 U. S. C. 2509, that there is equitably due from the United States to the claimants the amounts specified in the column headed “Payable” as listed in the table attached to the findings.

[276]*276Need, Justice (Ret.), sitting by designation; Madden, Judge; Whitaker, Judge; and Littleton, Judge, concur.

OPINION OF COMMISSIONER

This Congressional reference presents the claims of 189 plaintiffs for losses sustained on March 7,1942, when a truckload of munitions exploded on a North Carolina highway. Six persons were killed;-twoscore were injured; and extensive property damage was inflicted.

The Army had engaged a common carrier by motor vehicle to transport the load of munitions from Charleston Ordnance Depot to Edgewood Arsenal. In the course of night driving, a passenger car failed to heed a stop sign at a highway junction and collided with the truck. Gasoline was sprayed over the vehicles, and both caught fire. The two fire companies that responded from adjacent small towns were unable to quench the flames on the truck. A little less than two hours after the collision the munitions exploded, with the resulting havoc.

Immediately after the explosion suggestions were put forward that, in view of the extent of the damage, the United States should make good the losses, since it was the owner of the munitions. Legislation to authorize such relief was introduced in the 77th Congress,3 then in session.

The unfortunate accident occurred just three months to the day after Pearl Harbor. The nation was engrossed in the war. Although the intuitive reaction of the Governor of North Carolina and some other public officials was that the United States, as the owner of the munitions, should bear the burden of these civilian losses, no clear policy in that respect had emerged. Civilians of other belligerents had suffered and were suffering casualties and losses along with their armed forces in the waging of total war. Neither the equities nor the policies of such a situation had emerged in this country.

The subcommittees of the Committees on Claims who considered the relief bills could come to no resolution. The Secretary of War disclaimed responsibility by the United [277]*277States based on legal liability. No court test of such liability was possible, because of the sovereign immunity from suit.

In August 1946, sovereign immunity from suit in ordinary negligence cases was waived by tbe Tort Claims Act.4 Seven months later, in April 1947, the Texas City disaster killed 560 persons, injured nearly 1,000 others, and caused upward of 6,000 instances of property damage. Lawsuits, numbering 275 or more, were filed under the Tort Claims Act.

In May 1950, the decision of a test case (by the district judge sitting without a jury) found the United States guilty of actionable negligence and allowed recovery. The potential liability of the Government was then estimated at $200 million.

In August 1951, while the Texas City decision was pending on appeal in the fifth circuit, the House of Representatives referred to this court the North Carolina relief bill then before it.5 In March 1952, ten years after the explosion of the munitions truck, the main petition in this case was filed.

In June 1952, the district court’s decision in the Texas City case was reversed by the court of appeals.6 The Supreme Court granted certiorari,7 and, in June 1953, affirmed the court of appeals.8 A vigorous dissent was filed by the three justices who were in the minority.9

Meanwhile, in the instant case, conferences in the nature of pretrial proceedings were held, in an effort to advance the trial.

Under, the court’s rules Congressional reference cases are heard and determined as adversary litigation. The issues are joined in standard pleadings. Trials are subject to the rules of evidence.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Land Grantors v. United States
74 Fed. Cl. 518 (Federal Claims, 2006)
Land v. United States
29 Fed. Cl. 744 (Federal Claims, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
141 Ct. Cl. 273, 1958 U.S. Ct. Cl. LEXIS 74, 1958 WL 7323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benson-v-united-states-cc-1958.