170 F.2d 844 | 6th Cir. | 1948
■ This suit was brought on July 21, 1947, against United States of America, under Sec. 410(a) of the Federal Tort Claims Act, 28 U.S.C.A. § 931(a).
The parties will be styled as plaintiff and defendant as they appeared in the court below. The plaintiff, Loretta Ann Perry, a minor under fifteen years of age, sued by her father as next friend. Omitting immaterial matters, the complaint alleged: that on the 19th day of April 1943, the plaintiff started across Highway No. 51 in the edge of Halls in Lauderdale County, Tenn., when a military policeman, belonging to the Armed Forces of the United States and riding a motorcycle in a dangerous and reckless manner, ran it against, and injured her; and that the motorcycle was a part of the equipment furnished by defendant and was being used by said military policeman while on duty.
The defendant moved to dismiss upon three grounds. The third ground was that the Act under which the complaint was brought applies only to causes of action arising since January 1, 1945. The court sustained the motion, hence this appeal.
We think that the court was right. The Federal Tort Claims Act was passed on August 2, 1946. U.S.C.A.Title 28, Ch. 20, § 921 et seq.
As we stated in Old Colony Insurance Co. v. United States, 6 Cir., 168 F.2d 931, 933, there is nothing ambiguous is Sec. 931(a). By its terms the court was given jurisdiction to hear and determine claims against the United States for personal injury accruing only after January 1, 1945, and the specific averment of the complaint is that plaintiff was injured on the 19th day of April 1943. In an effort to avoid this plain obstacle, plaintiff points out that under sub-section 20 of Sec. 41, Title 28 U.S.C.A.
On the motion to dismiss, it must be taken as true that her right of action, if any she
Our conclusion is further supported by the fact that the Act which was passed on August 2, 1946, was made applicable to claims accruing on or after January 1, 1945, —or more than eighteen months prior to its passage. That date clearly fixes the limit of retroactivity.
Affirmed.
1948 Judicial Code, 28 U.S.C.A. § 1346.
1948 Judicial Code, 28 U.S.C.A. §§ 1291, 1346, 1402, 1504, 2110, 2401, 2402, 2411, 2412, 2671-2680.
1948 Judicial Code, 28 U.S.C.A. § 2401.