Harry Paly v. United States

221 F.2d 958, 1955 U.S. App. LEXIS 3605

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 9, 1955
• Docket: 6963
• Status: Published

Opinion

PER CURIAM.

This :,s an appeal from a judgment for defendant in an action under the Tort Claims Act. - 28 U.S.C.A. §§ 1346, 2671 et seq. Plaintiff sustained injuries when the automobile which he was driving was in collision with an automobile driven by one Stefan, an enlisted member of the United States Naval forces. Stefan was driving his own privately owned automobile on the way to attend the funeral of a deceased serviceman under orders which directed him to travel at his own expense, subject to reimbursement, but did not direct him to use his own automobile. The trial judge filed a comprehensive opinion setting forth the facts in detail and it is not necessary to repeat them here. See Paly v. United States, D.C., 125 F.Supp. 798. The decision is affirmed'on 'the basis of that opinion, which is- adopted as an opinion of this Court, and of our decisions in United States v. Eleazer, 4 Cir., 177 F.2d 914, certiorari denied 339 U.S. 903, 70 S.Ct. 517, 94 L.Ed. 1333, and United States v. Sharpe, 4 Cir., 189 F.2d 239.

Affirmed.