Rayonier Incorporated v. United States a Arnhold/Dissent Reed

by Stanley Forman Reed

United States Supreme Court

352 U.S. 315

Rayonier Incorporated  v.  United States a Arnhold

 Argued: Dec. 4, 1956. --- Decided: Jan 28, 1957

Mr. Justice REED, with whom Mr. Justice CLARK joins, dissenting.

The Court of Appeals in my view correctly applied the law as to public fire fighters. Congress assumed liability 'as a private individual under like circumstances.' The immunity of public bodies for injuries due to fighting fire was then well settled. Dalehite v. United States, 346 U.S. 15, 43, 73 S.Ct. 956, 971, 97 L.Ed. 1427. Private organizations, except as community volunteers, for fire fighting were hardly known. The situation was like private military forces. Cf. Feres v. United States, 340 U.S. 135, 142, 71 S.Ct. 153, 157, 95 L.Ed. 152. Indian Towing Co. v. United States, 350 U.S. 61, 76 S.Ct. 122, presents a different situation.

Notes