United States v. Spelar, Administratrix (338 U.S. 217)
U.S. Supreme Court · decided November 7, 1949 · Supreme Court Database (Spaeth)
- Citation
- 338 U.S. 217 · 70 S. Ct. 10
- Docket
- No. 42
- Argued
- October 18, 1949
- Decided
- November 7, 1949
- Term
- October Term 1949
- Vote
- 8–0
- Majority author
- Justice Reed
- Issue area
- Economic Activity
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Black, Justice Reed (wrote), Justice Frankfurter (wrote a concurrence), Justice Burton, Justice Clark, Justice Minton
- Concurring in the judgment
- Justice R. H. Jackson (wrote)
Opinion excerpt
Mr. Justice Reed delivered the opinion of the Court. The Federal Tort Claims Act is inapplicable by its terms to “any claim arising in a foreign country.” The Court of Appeals for the Second Circuit has held that this provision does not bar suit against the Government for an allegedly wrongful death occurring at a Newfoundland air base under long-term lease to the United States. We are here asked to review that decision. Flight engineer Mark Spelar, an employee of American Overseas Airlines, was killed on October 3, 1946, in a take-off crash at Harmon Field, Newfoundland. This air base is one of the areas leased for ninety-nine years by Great Britain to the United States pursuant to the same executive agreement and leases discussed at length in Vermilya-Brown Co. v. Connell, 335 U. S. 377. Spelar’s administratrix, respondent here, initiated this action against the United States under the Federal Tort Claims Act in the District Court of the United States for the Eastern District of New York, the district where she resides. She alleges that the fatal accident was caused by the Government’s negligent operation of Harmon Field. The local law which underlies her cause of action is Newfoundland’s wrongful death statute authorizing the executor or administrator to bring suit for death arising from negligence. Upon the Government’s motion, the District Court held the claim to be one…
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