United States v. Yellow Cab Co.,
Annotate this Case
340 U.S. 543 (1951)
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U.S. Supreme Court
United States v. Yellow Cab Co., 340 U.S. 543 (1951)
United States v. Yellow Cab Co.
Argued December 6, 1950
Decided February 26, 1951*
340 U.S. 543
The Federal Tort Claims Act empowers a United States District Court to require the United States to be impleaded as a third-party defendant and to answer the claim of a joint tortfeasor for contribution as if the United States were a private individual. Pp. 340 U. S. 544-557.
1. The Government has consented to be sued for contribution claimed by a joint tortfeasor in the circumstances of these cases. Pp. 340 U. S. 546-552.
2. The Federal Tort Claims Act carries the Government's consent to be sued for contribution claimed by a joint tortfeasor not only in a separate proceeding, but also as a third-part defendant. Pp. 340 U. S. 552-557.
3. A different result is not required by the fact that the Act requires claims against the United States to be tried without a jury, whereas the Seventh Amendment to the Constitution preserves to private individuals their right of trial by jury on such claims in a federal court. Pp. 340 U. S. 555-557.
181 F.2d 967, affirmed.
87 U.S.App.D.C. ___, 183 F.2d 825, reversed.
The cases are stated in the opinion. The judgment in No. 218 is affirmed, and that in No. 204 is reversed, p. 340 U. S. 557.