Opinion · Court of Appeals for the Fourth Circuit

Anderegg v. United States

171 F.2d 127

Type
Opinion
Court
Court of Appeals for the Fourth Circuit
Jurisdiction
Federal
Date
1948-11-30
Topic
general

PER CURIAM. This is an appeal from a judgment for defendant in an action for damages under the Federal Tort Claims Act of August 2, 1946, 60 Stat. 842, 28 U.S.C.A. §§ 2671-2680. The action was instituted to recover for damage to property which occurred on January 2, 1945. It was not commenced until April 14, 1948, which was thus more than one year after either the accrual of the claim or the passage of the statute, which was too late. 28 U.S.C.A. § 2401(b). Contention is made that the limitation of the statute was waived because claim was filed with and considered by the War Department and not declined by it until November 1947; but it is elementary that the government may not be sued except in strict accord with the conditions which it has imposed and that neither action nor neglect on the part of governmental officers may extend the time for suit which Congress has limited.

Citator

UpLaw has not yet analyzed Anderegg v. United States. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
20 opinions