STATUTORY CONSTRUCTION--EXTRA-TERRITORIAL APPLICATION OF FEDERAL STATUTES--APPLICATION OF FEDERAL TORT CLAIMS ACT TO CLAIMS ARISING IN FOREIGN AREAS LEASED TO THE UNITED STATES

Waterbury S.Ed., Thomas L.

Journal: Michigan Law Review

Volume: 48

First Page: 1045

Year: 1950

Bluebook Citation: 48 MICH. L. REV. 1045 (1950)

Author: Thomas L. Waterbury S Ed: all 5 publications


Abstract

Decedent, an airlines employee, was killed in a plane crash at Harmon Field, Newfoundland, a base leased to the United States by Great Britain for ninety-nine years. The plaintiff, decedent's administratrix, brought suit in a district court against the United States, relying on the Federal Tort Claims Act as a waiver of federal immunity from suit. Judgment for the United States was reversed by the Court of Appeals. On certiorari to the Supreme Court, held, reversed.

The claim arose in a foreign country and the FTCA specifically retains federal immunity from suit on such claims. United States v. Spelar, 338 U.S. 217, 70 S.Ct. IO (1949).

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