(Download) "Woodside v. United States" by Sixth Circuit. United States Court Of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Woodside v. United States
- Author : Sixth Circuit. United States Court Of Appeals
- Release Date : January 20, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Appellant Donna J. Woodside, administratrix of the estate of her husband, Captain Henry William Schroeder, appeals from the dismissal of her wrongful death action against the United States. Captain Schroeder, an active duty officer in the Air Force, was killed in an airplane crash while he was receiving flight instruction toward a commercial pilots license. Appellant filed suit in the district court under the Federal Tort Claims Act (hereinafter the FTCA or the Act), 28 U.S.C. ?? 1346(b), 2671 Et seq., seeking damages for the alleged negligence of the United States. The district court concluded that, at the time of his death, Captain Schroeder was engaged in an "activity incident to (his military) service" within the meaning of Feres v. United States, 340 U.S. 135, 71 S. Ct. 153, 95 L. Ed. 152 (1950), which precludes suits against the United States under the FTCA by service members or their estates. Accordingly, the district court dismissed appellants complaint for failing to state a claim cognizable under the Act.