Brooks v. United States (337 U.S. 49)
U.S. Supreme Court · decided May 16, 1949 · Supreme Court Database (Spaeth)
- Citation
- 337 U.S. 49 · 69 S. Ct. 918
- Docket
- No. 388
- Argued
- March 2, 1949
- Decided
- May 16, 1949
- Term
- October Term 1948
- Vote
- 7–2
- Majority author
- Justice Murphy
- Issue area
- Economic Activity
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Black, Justice Reed, Justice Murphy (wrote), Justice R. H. Jackson, Justice Rutledge, Justice Burton
- Dissenting
- Justice Frankfurter (wrote), Justice Douglas (wrote)
Opinion excerpt
Mr. Justice Murphy delivered the opinion of the Court. This is a suit against the.United States under the Federal Tort Claims Act, 60 Stat. 842, 28 U. S. C. (1946 ed.) § 931, now 28 U. S. C. § 2674. The question is whether members of the United States armed forces can recover under that Act for injuries not incident to their service. The District Court for the Western District of North Carolina entered judgment against the Government, rendering an unreported opinion, but the Court of Appeals for the Fourth Circuit reversed, in a divided decision. 169 F. 2d 840. We brought the case here on certiorari because of its importance as an interpretation of the Act. 335 U. S. 901. The facts are these. Welker Brooks, Arthur Brooks, and their father, James Brooks, were riding in their automobile along a public highway in North Carolina on a dark, rainy night in February, 1945. Arthur was driving. He came to a full stop before entering an intersection, and proceeded across the nearer lane of the intersecting road. ' Seconds later the car was struck from the left by a United States Army truck, driven by a civilian employee of the. Army. Arthur Brooks was killed; Welker and his father were badly injured. . Welker and the administrator of Arthur’s, estate brought actions against'the United States in the District Court. The District Judge tried the causes without a jury and found negligence…
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