Citations
- 170 F.2d 844
Full opinion text
HICKS, Chief Judge.
■ 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. Prior to its passage the district court had no jurisdiction over claims against the United States for torts. But Sec. 931 (a) provided, among other things, that the district court for the district wherein the plaintiff is resident, or wherein the act complained of occurred, “shall have exclusive jurisdiction to hear, determine, and render judgment on any claim against the United States, for money only, accruing on a