indian
towing
argued
february
decided
november
coast
guard
negligent
operation
lighthouse
damage
caused
thereby
liable
tort
claims
act
pp
language
imposing
liability
manner
extent
private
individual
like
circumstances
read
excluding
liability
negligent
conduct
operation
enterprise
private
persons
engaged
pp
tort
claims
act
impliedly
incorporate
distinction
governmental
functions
caused
confusion
law
municipal
liability
torts
pp
coast
guard
exercised
discretion
operate
lighthouse
certain
place
obligated
use
due
care
make
certain
light
kept
good
working
order
light
becomes
extinguished
coast
guard
obligated
use
due
care
discover
fact
repair
light
give
warning
functioning
feres
dalehite
distinguished
richard
montgomery
argued
cause
petitioners
brief
cicero
sessions
lester
jayson
argued
cause
brief
solicitor
general
sobeloff
assistant
attorney
general
burger
paul
sweeney
justice
frankfurter
delivered
opinion
petitioners
brought
suit
district
southern
district
mississippi
seeking
recovery
federal
tort
claims
act
damages
alleged
caused
negligence
coast
guard
operation
lighthouse
light
alleged
october
tug
navajo
owned
petitioner
indian
towing
company
towing
barge
chartered
petitioner
upper
mississippi
towing
corporation
barge
loaded
cargo
triple
super
phosphate
consigned
petitioner
minnesota
farm
bureau
service
company
insured
petitioner
firemen
insurance
company
tug
navajo
went
aground
chandeleur
island
result
thereof
sea
water
wetted
damaged
cargo
extent
consignee
refused
accept
cargo
petitioners
indian
towing
company
upper
mississippi
towing
corporation
therefore
became
responsible
loss
cargo
loss
paid
petitioner
firemen
insurance
company
loan
receipts
complaint
stated
grounding
navajo
due
solely
failure
light
chandeleur
island
turn
caused
negligence
coast
guard
specific
acts
negligence
relied
failure
responsible
coast
guard
personnel
check
battery
sun
relay
system
operated
light
failure
chief
petty
officer
checked
lighthouse
september
make
proper
examination
connections
weather
failure
check
light
september
october
failure
repair
light
give
warning
light
operating
petitioners
also
alleged
loose
connection
discovered
upon
proper
inspection
motion
respondent
case
transferred
district
eastern
district
louisiana
new
orleans
division
respondent
moved
dismiss
ground
consented
sued
manner
suit
brought
petitioners
relief
suits
admiralty
act
stat
public
vessels
act
stat
motion
granted
appeals
fifth
circuit
affirmed
per
curiam
case
presented
important
aspect
still
undetermined
extent
government
liability
federal
tort
claims
act
granted
certiorari
judgment
appeals
affirmed
equally
divided
petition
rehearing
granted
earlier
judgment
vacated
case
restored
docket
reargument
full
bench
relevant
provisions
federal
tort
claims
act
district
courts
shall
exclusive
jurisdiction
civil
actions
claims
money
damages
accruing
january
injury
loss
property
personal
injury
death
caused
negligent
wrongful
act
omission
employee
government
acting
within
scope
office
employment
circumstances
private
person
liable
claimant
accordance
law
place
act
omission
occurred
shall
liable
manner
extent
private
individual
like
circumstances
shall
liable
interest
prior
judgment
punitive
damages
provisions
chapter
section
title
shall
apply
claim
based
upon
act
omission
employee
government
exercising
due
care
execution
statute
regulation
whether
statute
regulation
valid
based
upon
exercise
performance
failure
exercise
perform
discretionary
function
duty
part
federal
agency
employee
government
whether
discretion
involved
abused
furthermore
government
effect
reads
statute
imposing
liability
manner
municipal
corporation
private
person
thus
push
courts
governmental
quagmire
long
plagued
law
municipal
corporations
comparative
study
cases
disclose
irreconcilable
conflict
decisions
disharmonious
disclose
inevitable
chaos
courts
try
apply
rule
law
inherently
unsound
fact
matter
theory
whereby
municipalities
made
amenable
liability
endeavor
however
awkward
contradictory
escape
basic
historical
doctrine
sovereign
immunity
federal
tort
claims
act
cuts
ground
doctrine
covertly
embedding
casuistries
municipal
liability
torts
government
disavows
blanket
exemption
liability
official
conduct
furthering
uniquely
governmental
activity
way
claim
recovery
based
negligent
performance
activity
particular
governmental
activity
let
us
suppose
chief
petty
officer
going
coast
guard
car
inspect
light
chandeleur
island
first
negligently
ran
pedestrian
later
inspecting
light
negligently
tripped
wire
injured
someone
else
forgot
inspect
outside
connection
night
patently
defective
connection
broke
light
failed
causing
ship
go
aground
cargo
triple
super
phosphate
get
wet
finally
chief
petty
officer
way
lighthouse
touched
key
uninsulated
wire
see
carrying
current
spark
produced
caused
fire
sank
nearby
barge
carrying
triple
super
phosphate
government
theory
acts
negligence
actionable
rational
ground
one
carry
conviction
minds
grip
technical
obscurities
difference
result
acts
different
time
place
done
furtherance
officer
task
inspecting
lighthouse
furtherance
coast
guard
task
operating
light
chandeleur
island
moreover
permit
operation
private
lighthouses
inconceivable
government
basis
differentiation
gone
negligence
charged
case
actionable
yet
change
character
government
activity
places
operated
lighthouse
attributing
bizarre
motives
congress
hold
predicating
liability
completely
fortuitous
circumstance
presence
absence
identical
private
activity
area
liability
circumscribed
certain
provisions
federal
tort
claims
act
see
government
activity
inescapably
uniquely
governmental
performed
government
case
federal
crop
insurance
corporation
wholly
enterprise
sought
held
liable
policy
theory
private
insurance
company
liable
situation
stated
government
partly
public
partly
private
depending
upon
governmental
pedigree
type
particular
activity
manner
government
conducts
federal
crop
insurance
merrill
hand
hard
think
governmental
activity
operational
level
present
concern
uniquely
governmental
sense
kind
one
time
another
conceivably
privately
performed
nothing
tort
claims
act
shows
congress
intended
draw
distinctions
finespun
capricious
almost
incapable
held
mind
adequate
formulation
statute
product
nearly
thirty
years
congressional
consideration
drawn
numerous
substantive
limitations
administrative
safeguards
substantive
limitations
see
administrative
safeguards
see
statute
limitations
denial
trial
jury
administrative
adjustment
claims
less
reports
congress
liability
punitive
damages
interest
prior
judgment
disposition
federal
agency
prerequisite
suit
claim
filed
compromise
exclusiveness
remedy
language
statute
support
government
argument
loose
general
statements
legislative
history
government
points
seem
directed
mainly
toward
discretionary
function
exemption
persuasive
broad
purpose
statute
designed
effect
compensate
victims
negligence
conduct
governmental
activities
circumstances
like
unto
private
person
liable
leave
treatment
caprice
legislative
burden
individual
private
laws
course
dealing
statute
subjecting
government
liability
potentially
great
sums
money
must
promote
profligacy
careless
construction
neither
guardian
treasury
import
immunity
back
statute
designed
limit
coast
guard
need
undertake
lighthouse
service
exercised
discretion
operate
light
chandeleur
island
engendered
reliance
guidance
afforded
light
obligated
use
due
care
make
certain
light
kept
good
working
order
light
become
extinguished
coast
guard
obligated
use
due
care
discover
fact
repair
light
give
warning
functioning
coast
guard
failed
duty
damage
thereby
caused
petitioners
liable
tort
claims
act
appeals
fifth
circuit
considered
feres
dalehite
controlling
neither
case
applicable
feres
held
government
liable
federal
tort
claims
act
injuries
servicemen
injuries
arise
course
activity
incident
service
without
exception
relationship
military
personnel
government
governed
exclusively
federal
law
see
brooks
differences
case
dalehite
need
labored
governing
factors
dalehite
sufficiently
emerge
opinion
case
judgment
appeals
reversed
case
remanded
district
proceedings
reversed
remanded
footnotes
although
argument
elaborately
presented
first
statute
government
attempted
construe
manner
suits
admiralty
act
stat
provided
libel
personam
brought
damage
caused
merchant
vessel
tug
cases
vessel
privately
owned
operated
proceeding
admiralty
maintained
stated
suits
shall
proceed
shall
heard
determined
according
principles
law
rules
practice
obtaining
like
cases
private
parties
eastern
transportation
action
brought
act
recover
damages
loss
ship
cargo
collision
unmarked
wreck
sunken
merchant
vessel
government
moved
dismiss
action
ground
inter
alia
said
alleged
cause
action
set
said
libel
relates
alleged
failure
part
officers
agents
perform
purely
governmental
function
alleged
negligence
officers
agents
performance
purely
governmental
function
gives
rise
liability
part
america
suable
elsewhere
motion
dismiss
granted
another
ground
appeal
rejected
arguments
district
lacked
jurisdiction
reversed
judgment
district
congress
significantly
withheld
liability
claims
relating
inter
alia
postal
service
tax
collection
quarantine
establishment
fiscal
operations
combatant
activities
coast
guard
time
war
activities
tva
dalehite
disposed
claim
liability
negligence
connection
fire
fighting
finding
analogous
liability
law
torts
see
workman
new
york
city
justice
reed
justice
burton
justice
clark
justice
minton
join
dissenting
reverses
judgment
ground
liable
federal
tort
claims
act
damages
caused
negligence
coast
guard
maintaining
lighthouse
light
near
mouth
mississippi
alleged
negligence
failure
coast
guard
personnel
check
electrical
system
operated
light
failure
make
proper
examination
connections
apparatus
connected
light
failure
repair
light
give
notice
vessels
light
functioning
although
navigators
warned
unwatched
light
assumed
point
litigation
negligence
occurred
proximate
cause
loss
government
operation
lighthouse
authorized
forbidden
others
except
authority
coast
guard
question
liability
negligence
depends
scope
meaning
federal
tort
claims
act
history
adoption
act
heretofore
thoroughly
explained
enactment
immunity
government
tort
actions
absolute
act
authorized
suits
government
certain
conditions
government
made
liable
injury
persons
property
caused
negligent
wrongful
act
omission
employee
government
acting
within
scope
office
employment
circumstances
private
person
liable
claimant
accordance
law
place
act
omission
occurred
feres
passed
upon
applicability
act
claims
members
armed
services
injured
negligence
military
personnel
said
one
obvious
shortcoming
claims
plaintiffs
point
liability
private
individual
even
remotely
analogous
asserting
know
american
law
ever
permitted
soldier
recover
negligence
either
superior
officers
government
serving
liability
like
circumstances
private
individual
power
conscript
mobilize
private
army
authorities
persons
government
vests
echelons
command
usual
civilian
doctor
patient
relationship
course
liability
malpractice
landlord
undoubtedly
held
liable
injury
occurred
tenant
result
negligently
maintained
heating
plant
liability
assumed
government
created
circumstances
circumstances
might
create
find
parallel
liability
think
new
one
created
act
effect
waive
immunity
recognized
causes
action
visit
government
novel
unprecedented
liabilities
dalehite
followed
reasoning
feres
case
involved
among
issues
liability
negligence
coast
guard
fighting
fire
coast
guard
found
negligent
duties
trial
duties
outside
discretionary
function
exception
act
resting
decision
act
said
tort
claims
act
change
normal
rule
alleged
failure
carelessness
public
firemen
create
private
actionable
rights
analysis
question
determined
said
feres
case
see
act
stated
limited
liability
manner
extent
private
individual
like
circumstances
analogous
liability
fact
anything
doctrinally
sanctified
law
torts
immunity
communities
public
bodies
injuries
due
fighting
fire
enactment
like
construed
accomplish
purpose
extravagant
generosity
make
government
liable
instances
liability
intended
congress
certainly
necessary
every
word
statute
receive
broadest
possible
interpretation
congress
intended
create
liability
incidents
theretofore
actionable
suable
public
agencies
intention
made
plain
courts
legislative
branch
government
act
made
government
liable
instances
suable
private
person
meaning
private
person
discussed
legislative
history
feres
talked
private
liability
came
conclusion
contrary
reached
today
see
pp
supra
held
surgeons
private
practice
private
landlords
liable
negligence
mean
liability
governments
failure
lighthouse
warning
lights
unknown
tort
law
example
liability
negligence
fire
fighting
excluded
dalehite
ruling
lighthouse
keeping
uniquely
governmental
function
fire
fighting
least
uncertainty
ambiguity
congress
meant
making
liable
circumstances
liable
private
person
uncertainty
lead
us
accept
liability
case
dealing
enlarged
concept
federal
liability
torts
wisdom
dictate
cautious
approach
along
lines
feres
dalehite
act
says
shall
liable
accordance
law
place
act
omission
occurred
alleged
tort
occurred
louisiana
louisiana
law
municipal
corporation
responsible
injury
sustained
result
negligence
part
employees
city
maintenance
traffic
lights
street
traffic
lights
close
analogy
navigation
lights
see
reason
doubt
louisiana
law
maintenance
navigation
lights
permissible
municipalities
likewise
free
liability
warns
us
morass
decisions
involve
municipal
tort
liability
calls
law
quagmire
avoids
complete
surrender
sovereign
immunity
without
regard
law
municipal
liability
respective
impression
majority
opinion
makes
government
liable
act
negligence
conduct
governmental
activity
operational
level
seems
broad
enough
cover
uniquely
governmental
activities
logically
may
cover
negligence
fire
fighting
although
dalehite
holding
point
overruled
perhaps
liability
arises
even
injuries
negligence
pursuing
criminals
literal
interpretation
act
brings
application
federal
tort
claims
act
analogous
condemned
congress
act
anderson
mt
clemens
pottery
see
stat
fair
labor
standards
amendments
stat
bay
ridge
aaron
see
code
cong
serv
compare
american
trucking
judgment
affirmed
coast
guard
light
list
atlantic
gulf
coasts
corrected
january
pp
person
public
body
instrumentality
excluding
armed
services
shall
establish
erect
maintain
aid
maritime
navigation
without
first
obtaining
authority
coast
guard
accordance
applicable
regulations
whoever
violates
provisions
section
regulations
issued
secretary
accordance
herewith
shall
guilty
misdemeanor
shall
fined
offense
day
violation
continues
shall
considered
new
offense
advised
coast
guard
manual
aids
navigation
gives
examples
typical
aids
considered
category
private
aids
coast
guard
aids
navigation
standard
buoy
lighting
equipment
employed
engineers
mark
dredging
areas
buoys
ranges
sound
signals
channels
dredged
private
corporations
property
channels
used
exclusively
corporation
contractor
vessels
aids
established
army
navy
use
connection
approaches
loading
piers
etc
see
also
coast
guard
aids
navigation
manual
pp
coast
guard
regulations
require
persons
owning
occupying
operating
bridges
navigable
waters
maintain
expense
lights
required
safety
marine
navigation
may
prescribed
commandant
ed
addition
duty
imposed
upon
owner
sunken
wreck
mark
ed
feres
dalehite
limitations
certain
specific
exceptions
pertinent
negligence
army
surgeon
operation
sewing
towel
abdomen
soldier
negligence
quartering
soldier
barracks
known
unsafe
defective
heating
plant
stat
sess
sess
sess
sess
sess
compare
elgin
south
buffalo
toolson
new
york
yankees
helvering
hallock
commissioner
church
edwards
city
shreveport
cf
howard
city
new
orleans
la
see
majority
opinion
workman
new
york
city
cited