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Brooks v. United States, 337 U.S. 49 (1949)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Brooks v. United States, 337 U.S. 49 (1949)
Brooks v. United States No. 388 Argued March 2, 1949 Decided May 16, 1949 * 337 U.S. 49
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Syllabus
1. That a person was a member of the armed forces at the time of the accident does not prevent recovery of a judgment against the United States under the Federal Tort Claims Act for his death or injury (not incident to his services in the armed forces) resulting from the negligence of an employee of the Government. Pp. 50-53.
2. This does not necessarily mean that the amount payable under servicemen’s benefit laws should not be deducted, or taken into consideration, when a serviceman obtains a judgment against the Government under the Federal Tort Claims Act. Pp. 53-54.
169 F.2d 840 reversed.
A District Court gave judgment against the Government under the Federal Tort Claims Act, 60 Stat. 842, 28 U.S.C. (1946 ed.) § 931 (now § 2674), for the death of one member of the armed forces and the injury of another (not incident to their service) resulting from the negligence of an employee of the Government. The Court of Appeals reversed. 169 F.2d 840. This Court granted certiorari. 335 U.S. 901. Reversed and remanded, p. 54.
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Chicago:
U.S. Supreme Court, "Syllabus," Brooks v. United States, 337 U.S. 49 (1949) in 337 U.S. 49 337 U.S. 50. Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=NL39A3Y2YIQEPYS.
MLA:
U.S. Supreme Court. "Syllabus." Brooks v. United States, 337 U.S. 49 (1949), in 337 U.S. 49, page 337 U.S. 50. Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=NL39A3Y2YIQEPYS.
Harvard:
U.S. Supreme Court, 'Syllabus' in Brooks v. United States, 337 U.S. 49 (1949). cited in 1949, 337 U.S. 49, pp.337 U.S. 50. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=NL39A3Y2YIQEPYS.
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