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

Authors

Thomas L. Waterbury S.Ed., University of Michigan Law SchoolFollow

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).

Recommended Citation

Thomas L. Waterbury S.Ed., 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, 48 Mich. L. Rev. 1045 (1950).
Available at: https://repository.law.umich.edu/mlr/vol48/iss7/21