Hoyt v. United States

In this proceedings against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 and 2674, the question for decision is whether an officer of the armed forces, proceeding from one permanent duty station to another, in his own automobile, was "within the scope of his office or employment" at the time of an accident in which plaintiff-appellees were injured. No question of negligence is presented on appeal, and the parties agree that the law of New Mexico, as the place of the accident, is controlling. Williams v. United States, 350 U.S. 857, 76 S. Ct. 100, 100 L. Ed. 761; Rayonier, Inc., v. United States, 352 U.S. 315, 77 S. Ct. 374, 1 L. Ed. 2d 354.