UNITED STATES - GOVERNMENT CORPORATIONS - HOME OWNERS' LOAN CORPORATION NOT SUABLE IN TORT

An action was brought in tort for damages sustained in a fall on ice on the sidewalk in front of premises which were in the possession and control of the Home Owners' Loan corporation. The defendant corporation was created under the Home Owners' Loan Act passed by Congress in 1933 which provides that it "shall have authority to sue and to be sued in any court of competent jurisdiction, Federal or State." The corporation moved to dismiss the action, claiming that as an instrumentality of the United States it could not be sued without the consent of Congress and that consent had not been given to an action sounding in tort. Held, that the Home Owners' Loan Corporation was not subject to a tort action and that the suit should be dismissed. Prato v. Home Owners' Loan Corporation, (D. C. Mass.

1938) 24 F. Supp. 844.