Tort Claims: Hearings ... on H.R. 5373 and H.R. 6463 ... January 29, 19421942 - 69 pages |
From inside the book
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Page 2
... jury , shall have [ concurrent ] exclusive jurisdiction to hear , [ and ] determine , and render judgment on any claim [ claims ] against the United States , for money only , in any amount not exceeding the sum of $ 7,500 , accruing ...
... jury , shall have [ concurrent ] exclusive jurisdiction to hear , [ and ] determine , and render judgment on any claim [ claims ] against the United States , for money only , in any amount not exceeding the sum of $ 7,500 , accruing ...
Page 17
... jury ? Mr. SHEA . That is right .. And it appeared to us that the court was not well geared to handle the trial of these cases as a nisi prius court . The trial of cases in the Court of Claims is before commissioners . The district ...
... jury ? Mr. SHEA . That is right .. And it appeared to us that the court was not well geared to handle the trial of these cases as a nisi prius court . The trial of cases in the Court of Claims is before commissioners . The district ...
Page 21
... jury . They are sitting in these cases as a court of claims and exercising court of claims jurisdiction . Mr. O'HARA . What about the constitutional right of a man to have his case tried by a jury ? Mr. SHEA . I do not think this ...
... jury . They are sitting in these cases as a court of claims and exercising court of claims jurisdiction . Mr. O'HARA . What about the constitutional right of a man to have his case tried by a jury ? Mr. SHEA . I do not think this ...
Page 27
... jury . The district courts have for many years considered and determined such questions as negligence , contributory neg- ligence , causation , and the like in private suits for personal injury or property damage , and are familiar with ...
... jury . The district courts have for many years considered and determined such questions as negligence , contributory neg- ligence , causation , and the like in private suits for personal injury or property damage , and are familiar with ...
Page 42
... jury , with an appeal from their decisions to the Court of Claims . This modification is desirable in order not to burden the Court of Claims or its commissioners with the original determina- tion of such purely factual questions as ...
... jury , with an appeal from their decisions to the Court of Claims . This modification is desirable in order not to burden the Court of Claims or its commissioners with the original determina- tion of such purely factual questions as ...
Common terms and phrases
42 Stat Act of March act or omission adjustment of tort administrative adjustment administrative settlement Attorney authority award or judgment CELLER CHAIRMAN circuit courts claim arising claim for damages claimant Claims Committee claims for personal Committee on Claims common law Congress Congressman consideration contributory negligence Court of Claims courts of appeals damages caused December 28 department or independent district courts exempted Federal agency Federal Tort Claims Federal Trade Commission filed Government while acting HATTON W House independent establishment injury or death June 25 jury legislation liability loss or damage matter ment MICHENER negligent or wrongful O'HARA officer or employee personal injury PRESENT BILL SEC private bills private claim bills procedure property loss provision of law Public Law Numbered pursuant to title recovery repeal ROBSION scope section 402 Senate settle SHEA Supreme Court tion Tort Claims Act Tucker Act United States attorney United States district wrongful act
Popular passages
Page 4 - Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.
Page 6 - If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
Page 68 - January 1, 1945, on account of damage to or loss of property or on account of personal injury or death caused by the negligent or wrongful act or omission of any employee, of the Government...
Page 3 - That the Supreme Court of the United States shall have the power to prescribe, by general rules, for the district courts of the United States and for the courts of the District of Columbia, the forms of process, writs, pleadings, and motions, and the practice and procedure in civil actions at law.
Page 67 - Any attorney who charges, demands, receives, or collects for services rendered in connection with...
Page 5 - ... to be paid out of but not in addition to the amount of judgment, award, or settlement recovered, to the attorneys representing the claimant.
Page 46 - It is as much the duty of Government to render prompt justice against itself, in favor of citizens, as it is to administer the same between private individuals.
Page 4 - Any claim arising in respect of the assessment or collection of any tax or customs duty, or the detention of any goods or merchandise by any officer of customs or excise or any other law-enforcement officer.
Page 2 - The acceptance by the claimant of any such award, compromise, or settlement shall be final and conclusive on the claimant, and shall constitute a complete release of any claim against the United States and against the employee of the government whose act or omission gave rise to the claim, by reason of the same subject matter.
Page 2 - ... on account of damage to or loss of property or on account of personal injury or death caused by the negligent or wrongful act or omission of any employee of the government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant for such damage, loss, injury, or death in accordance with the law of the place where the act or omission occurred.