Guttormsen v. United States

Citations

• 43 Ct. Cl. 299
• 1908 U.S. Ct. Cl. LEXIS 77
• 1907 WL 849

Syllabus

<p>On the Proofs.</p> <p>The claim referred is for injuries suffered by a day laborer employed on a public work. The reference is by a bill referred by the Senate under the Tucker Act. The court finds all the specific facts, but does not pass upon the legal or mixed question whether the claimant was without fault. The Senate then refers a second bill for the same claim, accompanied by a resolution propounding interrogatories founded upon a supposed legal liability of the Government for the claimant’s injuries.</p> <p>I. A second trial can not be obtained by a rereferenee of a bill by one of the Houses of Congress under the Tucker Act, 3d March, 1887, unless the previous findings were procured by malpractice or false testimony.</p> <p>II. Congress have not recognized the liability of the Government for the negligent conduct of its agents. There being no legal liability for injuries suffered by an employee caused by the negligent conduct of government agents, the question of relief is wholly a matter of legislative discretion.</p> <p>III. The court in a congressional case can not make a finding which will tend to fasten a legal liability on the Government when none exists. A finding involving a conclusion of law is not a proper finding in such cases. Congress must determine the question of liability on the specific facts.</p>