Rayonier Inc. v. United States, 352 U.S. 315 (1957). · Go Syfert
Rayonier Inc. v. United States, 352 U.S. 315 (1957). Cases Citing This Book View Copy Cite
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The federal government is liable for negligence in firefighting under the Federal Tort Claims Act without regard to state or local liability standards.

Petitioners sued the United States under the Federal Tort Claims Act for damages resulting from a forest fire that spread due to the alleged negligence of Forest Service personnel. The district court and the Court of Appeals dismissed the complaints, reasoning that the United States was immune from liability for the negligence of public firemen. The Supreme Court holds that the test for determining United States liability under the Act is whether a private person would be responsible for similar negligence under the laws of the state where the acts occurred. The Court concludes that the government's liability is not restricted by distinctions between proprietary and governmental capacities.

1,709 citation events (420 in the last 25 years) across 100 distinct courts.
Strongest positive: Greene Johnson v. United States (nysd, 2024-12-11) · Strongest negative: Harris County v. DeWitt (texapp, 1994-05-19)
Treatment trajectory · 1957 → 2026 · click a year to view as-of
1957 1991 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited "but see" Harris County v. DeWitt (6×)
Tex. App. · 1994 · signal: but see · confidence bake:review_partial
Further, the court found the act did not change "the normal rule that an alleged failure or carelessness of public firemen does not create private actionable rights." Id. 346 U.S. at 43-45 , 73 S.Ct. at 972 ; but see Rayonier, Inc. v. United States, 352 U.S. 315 , 77 S.Ct. 374 , 1 L.Ed.2d 354 (1957) (overruling in part Dalehite for its proposition that the liability of the United States is restricted to that of a municipal corporation); see also United States v. S.A.
examined Cited "but see" Coy E. Kirtland v. J. Ray McDermott & Co., Columbia Gulf Transmission Company (3×)
5th Cir. · 1978 · signal: but cf. · confidence bake:cell
But cf., Arnhold v. U. S., 9 Cir. 1955, 225 F.2d 650 , vacated and remanded on other grounds, 352 U.S. 315 , 77 S.Ct. 374 , 1 L.Ed.2d 354 . *1170 Thus, in Bush, supra, 311 F.2d at 894 , this court stated: While we indicated upon oral argument that we would delay decision pending the efforts to obtain a certificate under Rule 54(b), that certificate does not change our opinion that the appeal should be dismissed for two reasons: First, the certificate cannot attach finality to an adjudication that does not finally dispose of a claim, and we hold that this one does not Second, the district court…
examined Cited "but see" Henry Winston v. United States (9×) also: Cited "see"
2d Cir. · 1962 · signal: but see · confidence high
But see Rayonier, Inc. v. United States, 352 U.S. 315, 319 , 77 S.Ct. 374, 377 , 1 L.Ed. 2d 354 (1957) 6 This argument is not applicable to the case at bar because there is a close analogy in the private liability of prison officials which is well known in American law, see Hill v. Gentry, 280 F.2d 88 (8th Cir.), cert. denied, 364 U.S. 875 , 81 S.Ct. 119 , 5 L.Ed.2d 96 (1960); Indiana ex rel.
discussed Cited as authority (verbatim quote) Greene Johnson v. United States
S.D.N.Y. · 2024 · quote attribution · 1 verbatim quote · confidence high
we expressly decided . . . that the united states' liability is not restricted to the liability of a municipal corporation or other public body.
discussed Cited as authority (verbatim quote) Halvorson v. United States
D.S.D. · 2019 · quote attribution · 1 verbatim quote · confidence high
the very purpose of the tort claims act was to waive the government's traditional all-encompassing immunity from tort actions.
examined Cited as authority (quoted) Burgess v. United States (2×)
E.D. Mich. · 2019 · quote attribution · 2 verbatim quotes · confidence low
the decision to adopt safety precautions may be based in policy considerations, but the implementation of those precautions is not.
examined Cited as authority (quoted) Halvorson v. United States (3×)
usdistct · 2019 · quote attribution · 3 verbatim quotes · confidence low
the very purpose of the tort claims act was to waive the government's traditional all-encompassing immunity from tort actions.
examined Cited as authority (quoted) Winters v. United States (5×) also: Cited "see, e.g."
E.D. Cal. · 2014 · signal: accord · quote attribution · 3 verbatim quotes · confidence high
the test established by the ftca for determining the united states' liability is whether a private person would be responsible for similar negligence under the laws of the state where the acts occurred.
examined Cited as authority (quoted) Lafromboise v. Leavitt (3×)
8th Cir. · 2006 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the test established by the tort claims act for determining the united states' liability is whether a private person would be responsible for similar negligence under the laws of the state where the acts occurred.
examined Cited as authority (quoted) LaFromboise Ex Rel. LaFromboise v. Leavitt (3×)
8th Cir. · 2006 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the test established by the tort claims act for determining the united states' liability is whether a private person would be responsible for similar negligence under the laws of the state where the acts occurred.
examined Cited as authority (quoted) Perrodin v. United States (3×)
D.S.C. · 2004 · quote attribution · 3 verbatim quotes · confidence low
there is no justification for this court to read exemptions into the ftca beyond those provided by congress. if the act is to be altered that is a function for the same body that adopted it.
examined Cited as authority (quoted) Carrie A. McMellon Lori Dawn White Kathy D. Templeton Cheri Call v. United States of America United States Army Corps of Engineers (7×) also: Cited as authority (rule)
4th Cir. · 2004 · signal: accord · quote attribution · 6 verbatim quotes · confidence high
there is no justification for this court to read exemptions into the ftca beyond those provided by congress. if the act is to be altered that is a function for the same body that adopted it.
examined Cited as authority (quoted) Ella Mae Wells v. United States (3×)
D.C. Cir. · 1988 · quote attribution · 3 verbatim quotes · confidence low
the test ... is whether a private person would be responsible for similar negligence under the laws of the state where the acts occurred.
examined Cited as authority (quoted) L. Patrick Gray, III v. Griffin Bell (3×)
D.C. Cir. · 1983 · signal: see · quote attribution · 3 verbatim quotes · confidence high
for obvious reasons the united states cannot be equated with a municipality, which conceivably might be rendered bankrupt if it were subject to huge liability for the negligence of its employees____
cited Cited as authority (rule) Charles Farden v. United States of America
D.N.M. · 2025 · confidence medium
The “purpose of the [FTCA is] to waive the Government’s traditional all-encompassing immunity from tort actions.” Rayonier Inc. v. United States, 352 U.S. 315, 319 (1957).
discussed Cited as authority (rule) Unnamed Mother v. United States
D.N.M. · 2025 · confidence medium
Plaintiff therefore must establish that New Mexico law (the place where the act or omission occurred) “would impose liability on private persons or corporations under similar circumstances.” See Rayonier Inc. v. United States, 352 U.S. 315, 318 (1957).
discussed Cited as authority (rule) M.Q. v. Kenneth Genalo
S.D.N.Y. · 2025 · confidence medium
Ms. Q disagrees, highlighting that the United States’s liability under the FTCA is determined by “‘whether a private person would be responsible for [the tort] under the laws of the State where the acts occurred.’” Dorking Genetics v. United States, 76 F.3d 1261, 1266 (2d Cir. 1996) (quoting Rayonier Inc. v. United States, 352 U.S. 315, 319 (1957); see ECF No. 122 at 18.
examined Cited as authority (rule) Strawberry Water Users Association v. United States (4×) also: Cited "see"
10th Cir. · 2024 · confidence medium
Id. at 317 (internal quotation marks omitted).
discussed Cited as authority (rule) Walters v. Flint
E.D. Mich. · 2023 · confidence medium
Congress passed the FTCA to allow individuals “easy and simple access to the federal courts for torts within its scope.” Dalehite v. United States, 346 U.S. 15, 25 (1953), rev’d on other grounds by Rayonier, Inc. v. United States, 352 U.S. 315, 377 (1957).
discussed Cited as authority (rule) Waid v. Snyder
E.D. Mich. · 2023 · confidence medium
Congress passed the FTCA to allow individuals “easy and simple access to the federal courts for torts within its scope.” Dalehite v. United States, 346 U.S. 15, 25 (1953), rev’d on other grounds by Rayonier, Inc. v. United States, 352 U.S. 315, 377 (1957).
discussed Cited as authority (rule) Eisenberg v. Peoples Republic of China
D. Mass. · 2023 · confidence medium
The presence of discretion and policy considerations immunizes the government from suit.”); Rayonier Inc. v. United States, 352 U.S. 315, 319 (1957) (FTCA case holding Forestry Service responsible for negligent firefighting).
discussed Cited as authority (rule) BOYLE v. United States
E.D. Pa. · 2022 · confidence medium
The FTCA requires a plaintiff to exhaust administrative remedies as a jurisdictional prerequisite to filing suit. 28 U.S.C. §§ 2675 (a), 2401(b); McNeil v, United States, 2 In opposition to the motion to dismiss, the Boyles cite Rayonier Inc. v. United States, 352 U.S. 315, 316 (1957), for the proposition that it is sufficient to plead negligence by “Forest Service personnel,” Although this case long pre-dates the 7womb/y and Iqbal case law on pleading standards, the Court need not address this issue because the motion to dismiss is not based on failure to state a claim under Rule 12(6)(…
cited Cited as authority (rule) Tursom v. United States
S.D. Fla. · 2021 · confidence medium
Douglas v. United States, 814 F.3d 1268, 1280 (11th Cir. 2016) (Tjoflat, J., concurring) (quoting Rayonier Inc. v. United States, 352 U.S. 315, 319 (1957)).
discussed Cited as authority (rule) Murphy v. United States
D.N.M. · 2020 · confidence medium
Giving these words their natural meaning, the private person analog is only satisfied where local law “would impose liability on private persons or corporations under similar circumstances.” Rayonier Inc. v. United States, 352 U.S. 315, 318 (1957).
discussed Cited as authority (rule) Lawrence v. Metropoliatian Correctional Center-Chicago
N.D. Ill. · 2019 · confidence medium
Congress passed the FTCA “to prevent the unfairness of allowing ‘the public as a whole’ to benefit ‘from the services performed by Government employees,’ while allocating ‘the entire burden’ of government employee negligence to the individual, ‘leaving him destitute or grievously harmed.’” Terbush v. United States, 516 F.3d 1125, 1135 (9th Cir. 2008) (alteration omitted), quoting Rayonier Inc. v. United States, 352 U.S. 315, 320 (1957).
cited Cited as authority (rule) Kyle Ray Hurst v. United States
11th Cir. · 2019 · confidence medium
Douglas v. United States, 814 F.3d 1268, 1280 (11th Cir. 2016) (Tjoflat, J., concurring) (quoting Rayonier Inc. v. United States, 352 U.S. 315, 319 , 77 S. Ct. 374, 377 (1957)).
cited Cited as authority (rule) Alonzo v. USA
D.N.H. · 2017 · confidence medium
Muniz, 374 U.S. at 164-65 ; Rayonier Inc. v. United States, 352 U.S. 315, 318-19 (1957).
discussed Cited as authority (rule) McGowan v. United States
2d Cir. · 2016 · confidence medium
This “private analogue” requirement asks “whether a private person would be responsible for similar negligence under the laws of the State where the acts occurred.” Dorking Genetics v. United States, 76 F.3d 1261, 1266 (2d Cir. 1996) (quoting Rayonier Inc. v. United States, 352 U.S. 315, 319 (1957)).
cited Cited as authority (rule) Gonzalez Ex Rel. A.F. v. United States
9th Cir. · 2016 · confidence medium
Rayonier Inc. v. United States, 352 U.S. 315, 320 (1957).
discussed Cited as authority (rule) Babajide Sobitan v. Lori Glud
7th Cir. · 2009 · confidence medium
See, e.g., Miree v. DeKalb County, 433 U.S. 25, 29, n.4 (1977); United States v. Muniz, 374 U.S. 150, 153 (1963); Richards [v. United States, 369 U.S. 1 ,] 6-7, 11 [(1962)]; Rayonier Inc. v. United States, 352 U.S. 315, 318 (1957).
discussed Cited as authority (rule) In Re: World Trade Center Disaster Site Litigation (2×) also: Cited "see"
2d Cir. · 2008 · signal: cf. · confidence medium
See Gulf Coast Recovery Act, S. 1761, 109th Congress, 1st 5 Sess. (introduced Sept. 22, 2005; no further action taken); cf. 6 U.S.C. § 442 (d) (providing 6 “rebuttable presumption” that government contractor defense applies to defendants who develop 7 “qualified anti-terrorism technologies”).36 8 The Stafford Act discretionary function immunity extends only to federal agencies and 9 employees, 42 U.S.C. § 5148 , and “[t]here is no justification for this Court to read exemptions 10 into the Act beyond those provided by Congress,” Rayonier, 352 U.S. at 320 (construing FTCA 11 discr…
discussed Cited as authority (rule) Terbush v. United States
9th Cir. · 2008 · confidence medium
Although much time has passed, we should not forget the Supreme Court’s early obser- vation that in adopting the FTCA, Congress sought to prevent the unfairness of allowing “the public as a whole” to benefit TERBUSH v. UNITED STATES 1553 “from the services performed by Government employees,” while allocating “the entire burden” of government employee negligence to the individual, “leav[ing] him destitute or griev- ously harmed.” Rayonier Inc. v. United States, 352 U.S. 315, 320 (1957). [12] Because the parties and the district court to some degree lumped the question of maint…
discussed Cited as authority (rule) Persaud v. Doe
10th Cir. · 2007 · confidence medium
The “test established by the Tort Claims Act for determining the United States’ liability is whether a private person would be responsible for similar negligence under the laws of the State where the acts occurred.” Rayonier, Inc. v. United States, 352 U.S. 315, 319 (1957).
discussed Cited as authority (rule) United States v. Olson
SCOTUS · 2005 · confidence medium
In Rayonier Inc. v. United States, 352 U. S. 315, 318-319 (1957), the Court rejected a claim that the scope of FTCA liability for “ ‘uniquely governmental’” functions depends on whether state law “imposes liability on municipal or other local governments for the negligence of their agents acting in” similar circumstances.
discussed Cited as authority (rule) Progressive Insurance v. Department of Public Safety Fire Bureau of the American Samoa Government
amsamoa · 2005 · confidence medium
In Rayonier Inc. v. United States, railroad sparks set federal lands on fire in the State of Washington and the U.S. Forest Service took exclusive control and direction of all fire suppression activities. 352 U.S. 315, 316 (1957).
examined Cited as authority (rule) Trentadue v. United States (4×) also: Cited "see"
10th Cir. · 2005 · confidence medium
Because the “test established by the Tort Claims Act for determining the United States’ liability is whether a private person would be responsible for similar negligence under the laws of the State where the acts occurred,” Rayonier, Inc. v. United States, 352 U.S. 315, 319, 77 S.Ct. 374 , 1 L.Ed.2d 354 (1957), and spoliation is not a recognized tort in Oklahoma, we conclude that the district court did not err in denying plaintiffs’ claim. 17 3.
discussed Cited as authority (rule) Robin Shade v. Housing Authority Of The City Of New Haven
2d Cir. · 2001 · confidence medium
Corp. v. Meyer, 510 U.S. 471, 477 (1994) (quoting 28 U.S.C. § 1346 (b)). 30 With regard to the sixth requirement-- the only one at issue on this appeal -- the Supreme Court has "consistently held that § 1346(b)'s reference to the 'law of the place' means law of the State the source of substantive liability under the FTCA." Id. at 478; see also, e.g., Miree v. DeKalb County, 433 U.S. 25 , 29 n.4 (1977); United States v. Muniz, 374 U.S. 150, 153 (1963); Rayonier Inc. v. United States, 352 U.S. 315, 318 (1957).
discussed Cited as authority (rule) Irving v. USA
D.N.H. · 1996 · confidence medium
In fact, "even where specific behavior of federal employees is required by federal statute, liability to the beneficiaries of that statute may not be founded on the Federal Tort Claims Act if state law recognizes no comparable private liability." Zabala Clemente v. United States, 567 F.2d 1140, 1149 (1st Cir. 1977), cert, denied, 435 U.S. 1006 (1978). [T]he test established by the Tort Claims Act for determining the United States1 liability is whether a private person would be responsible for similar negligence under the laws of the State where the acts occurred.1" Dorking Genetics v. United S…
discussed Cited as authority (rule) Federal Deposit Insurance v. Meyer
SCOTUS · 1994 · confidence medium
See, e. g., Miree v. DeKalb County, 433 U. S. 25, 29, n. 4 (1977); United States v. Muniz, 374 U. S. 150, 153 (1963); Richards, supra, at 6-7, 11 ; Rayonier Inc. v. United States, 352 U. S. 315, 318 (1957).
cited Cited as authority (rule) Santiago-Ramirez v. Sec. Def.
1st Cir. · 1993 · confidence medium
It has held that "[t]here is no justification for this Court to read exemptions into the Act beyond those provided by Congress." Rayonier, Inc. v. United States, 352 U.S. 315, 321 (1957).
cited Cited as authority (rule) Santiago-Ramirez v. Sec. Def.
1st Cir. · 1993 · confidence medium
It has held that "[t]here is no justification for this Court to read exemptions into the Act beyond those provided by Congress." Rayonier, Inc. v. United States, 352 U.S. 315, 321 (1957).
discussed Cited as authority (rule) Cyran v. Town of Ware (2×)
Mass. · 1992 · confidence medium
Rayonier Inc. v. United States, 352 U.S. 315, 318 (1957).
discussed Cited as authority (rule) Molzof v. United States
SCOTUS · 1992 · confidence medium
See United States v. Muniz, 374 U. S. 150, 153 (1963); Richards v. United States, 369 U. S. 1, 6-7, 11 (1962); Rayonier Inc. v. United States, 352 U. S. 315, 318-319 (1957); Indian Towing Co. v. United States, 350 U. S. 61, 64-65, 68-69 (1955); United States v. Aetna Casualty & Surety Co., 338 U. S. 366, 370 (1949). .
examined Cited as authority (rule) Randy William Crider v. United States (4×) also: Cited "see"
5th Cir. · 1989 · confidence medium
Rayonier, Inc. v. United States, 352 U.S. 315, 319 , 77 S.Ct. 374, 376 , 1 L.Ed.2d 354, 358 (1957); Indian Towing Co. v. United States, 350 U.S. 61, 64 , 76 S.Ct. 122, 124 , 100 L.Ed. 48, 53 (1955); B & F Trawlers, Inc. v. United States, 841 F.2d 626, 630-31 (5th Cir.1988).
discussed Cited as authority (rule) Berkovitz v. United States
SCOTUS · 1988 · confidence medium
See Indian Towing Co. v. United States, 350 U. S. 61, 64-65 (1955) (disapproving argument that FTCA precludes liability for the performance of “uniquely governmental functions”); Rayonier, Inc. v. United States, 352 U. S. 315, 318-319 (1957) (same). 5 And in Varig, we ignored the precise argument the Government makes in this case, focusing instead on the particular nature of the regulatory conduct at issue.
discussed Cited as authority (rule) B & F Trawlers, Inc. And International Bank, N.A. v. United States
5th Cir. · 1988 · confidence medium
“We expressly decided in Indian Towing [Co. v. United States, 350 U.S. 61 , 76 S.Ct. 122 , 100 L.Ed. 48 (1955)] that the United States’ liability is not restricted to the liability of a municipal corporation or other public body and that an injured party cannot be deprived of his rights under the Act by resort to an alleged distinction, imported from the law of municipal corporations, between the Government’s negligence when it acts in a ‘proprietary’ capacity and its negligence when it acts in a ‘uniquely governmental’ capacity.” 352 U.S. at 319 , 77 S.Ct. at 376-77 (footnote …
discussed Cited as authority (rule) Pinckney v. United States
E.D.N.C. · 1987 · confidence medium
Rayonier, Inc. v. United States, 352 U.S. 315, 318 (1957); Richards v. United States, 369 U.S. 1 , 82 S.Ct. 585 , 7 L.Ed.2d 492 (1962); Johnson v. United States, 528 F.2d 489 (4th Cir.1975); James v. United States, 467 F.2d 832 (4th Cir.1972); Tyndall v. United States, 295 F.Supp. 448 (E.D.N.C.1969), aff'd, 430 F.2d 1180 (4th Cir.1970).
discussed Cited as authority (rule) Inslaw, Inc. v. United States (In Re Inslaw, Inc.) (2×)
D.D.C. · 1987 · confidence medium
If the Act is to be altered that is a function for the same body that adopted it.” Rayonier, Inc. v. U.S., 352 U.S. 315, 319, 320 , 77 S.Ct. 374, 376, 377 , 1 L.Ed.2d 354 (1957) [footnote omitted].
examined Cited as authority (rule) United States v. Johnson (4×) also: Cited "see"
SCOTUS · 1987 · confidence medium
If the Act is to be altered that is a function for the same body that adopted it.” Rayonier, Inc. v. United States, 352 U. S., at 320 (footnote omitted).
discussed Cited as authority (rule) Umpleby v. United States
8th Cir. · 1986 · confidence medium
(B) Governing Law Under the FTCA the United States is liable for tort claims “in the same manner and to the same extent as a private individual under like circumstances....” 28 U.S.C. § 2674 . “[T]he test established by the Tort Claims Act for determining the United States’ liability is whether a private person would be responsible for similar negligence under the laws of the State where the acts occurred.” Rayonier v. United States, 352 U.S. 315, 319 (1957).
Retrieving the full opinion text from the archive…
Rayonier Incorporated
v.
United States
NO. 45.
Supreme Court of the United States.
Jan 28, 1957.
352 U.S. 315
1957 U.S. LEXIS 1412
Luden F. Marion argued the cause for petitioner in No. 45. With him on the brief were Lowell P. Mickel-wait, Chester Rohrlich and Burroughs B. Anderson., William H. Ferguson argued the cause for petitioners in No. 47. With him on the brief were Donald McL. Davidson and Charles S. Burdell., Assistant Attorney General Doub argued the causes for the United States. With him on the briefs were Solicitor General Rankin, Paul A. Sweeney and Alan S. Rosenthal.
Black, Reed, Clark.
Cited by 491 opinions  |  Published
7 passages pin-cited by 9 cases
Pinpoint authority: #13,326 of 633,719
Citer courts: Fourth Circuit (6) · Eighth Circuit (6) · D.C. Circuit (6) · E.D. California (3) · D. South Carolina (3) · U.S. District Court (3) · E.D. Michigan (2)

Lead Opinion

Mr. Justice Black

delivered the opinion of the Court.

In both of these cases petitioners brought suit in the United States District Court in the State of Washington seeking to recover damages under the Federal Tort Claims Act, 28 U. S. C. §§ 1346 (b) and 2671-2680, for losses which they allege were caused by the negligence of employees of the United States in allowing a forest fire to be started on Government land and in failing to act with due care to put this fire out. The complaints in the two[*316] cases are substantially the same and in summary make the following allegations. The United States owned certain land in the State of Washington. It permitted a railroad to run trains over a right of way passing through this land. On August 6, 1951, sparks from a railroad engine ignited six fires on the right of way and adjoining land. These fires started in areas where highly inflammable dry grasses, brush, and other materials had been negligently allowed to accumulate by the Government. Shortly after the fires started United States Forest Service personnel appeared and took exclusive direction and control of all fire suppression activities. The Forest Service had entered into an agreement with the State of Washington to protect against and to suppress any fires in an area which included the public lands where these fires started and the petitioners’ lands. Petitioners were aware of this contract and relied on the Forest Service to control and put out the fires involved in this case. But as a result of the Forest Service’s improper firefighting these fires spread until they became a single fire covering 1,600 acres. By August 11, however, this blaze was under control and was substantially out except for certain spots that continued to burn and smolder until September 20. During the period between August 11 and September 20 there were men, equipment and a plentiful supply of water available to the Forest Service and if these resources had been properly utilized the fire could have been completely extinguished. For several days immediately preceding September 20 there was decreasing humidity accompanied by strong winds. But the Forest Service kept only a few men guarding the fire despite the fact that it was smoldering close to a tinder-dry accumulation of debris, down logs and dead undergrowth. On September 20 the winds blew sparks from the smoldering embers into these inflammable materials and the fire exploded spreading as much as twenty miles in one direction. As it fanned[*317] out it destroyed timber, buildings and other property some of which belonged to the petitioners.

The complaints allege that these consequences were caused by the Forest Service’s negligence (1) in permitting inflammable materials to accumulate on Government land thereby allowing the fires to start and to spread; (2) in not preventing the railroad from starting the original spot fires; (3) in not properly suppressing the spot fires; and (4) in failing to quench and prevent the spread of the fire when it was under control in the 1,600 acre area. The district judge dismissed the complaints holding that they failed to state a claim upon which relief could be granted. He indicated that the facts alleged were sufficient to show actionable negligence on the part of a private person under the laws of Washington, but nevertheless felt compelled to dismiss the complaints because of the following statements by this Court in Dalehite v. United States, 346 U. S. 15, 43.

“As to the alleged failure in fighting the fire, we think this too without the [Tort Claims] Act. The Act did not create new causes of action where none existed before. . . . ‘Its effect is to waive immunity from recognized causes of action and was not to visit the Government with novel and unprecedented liabilities.’... It did not change the normal rule that an alleged failure or carelessness of public firemen does not create private actionable rights.”

The Court of Appeals affirmed the trial judge’s disposal of the complaints. 225 F. 2d 642 and 225 F. 2d 650. In agreeing that the United States could not be sued for any carelessness by the Forest Service in fighting the fire, it also relied exclusively on the Dalehite case. It rejected petitioners’ other claims of negligence on the ground that Washington law would impose no liability for the misconduct alleged. We hold that the courts below erred in[*318] deciding that the United States was immune from liability for any negligence by the Forest Service in fighting the fire.

The Tort Claims Act makes the United States liable (with certain exceptions which are not relevant here) for the negligence of its employees

. . in the same manner and to the same extent as a private individual under like circumstances . . . 28 U. S. C. § 2674.

It gives the District Courts jurisdiction of all claims against the Government for losses

“. . . caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.” 28 U. S. C. § 1346 (b).

These provisions, given their plain natural meaning, make the United States liable to petitioners for the Forest Service’s negligence in fighting the forest fire if, as alleged in the complaints, Washington law would impose liability on private persons or corporations under similar circumstances.

Nevertheless the Government, relying primarily on the Dalehite case, contends that Congress by the Tort Claims Act did not waive the United States’ immunity from liability for the negligence of its employees when they act as public firemen. It argues that the Act only imposes liability on the United States under circumstances where governmental bodies have traditionally been responsible for the misconduct of their employees and that neither the common law nor the law of Washington imposes liability on municipal or other local governments for the[*319] negligence of their agents acting in the “uniquely governmental” capacity of public firemen. But as we recently held in Indian Towing Co. v. United States, 350 U. S. 61, the test established by the Tort Claims Act for determining the United States’ liability is whether a private person would be responsible for similar negligence under the laws of the State where the acts occurred. We expressly decided in Indian Towing that the United States’ liability is not restricted to the liability of a municipal corporation or other public body and that an injured party cannot be deprived of his rights under the Act by resort to an alleged distinction, imported from the law of municipal corporations, between the Government’s negligence when it acts in a “proprietary” capacity and its negligence when it acts in a “uniquely governmental” capacity.[1] To the extent that there was anything to the contrary in the Dalehite case it was necessarily rejected by Indian Towing.[2]

It may be that it is “novel and unprecedented” to hold the United States accountable for the negligence of its firefighters, but the very purpose of the Tort Claims Act was to waive the Government’s traditional all-encompassing immunity from tort actions and to establish novel and unprecedented governmental liability. The Government warns that if it is held responsible for the negligence of Forest Service firemen a heavy burden may be imposed on the public treasury. It points out the possibility that a fire may destroy hundreds of square miles of forests and even burn entire communities. But after' long consideration, Congress, believing it to be in the[*320] best interest of the nation, saw fit to impose such liability on the United States in the Tort Claims Act. Congress was aware that when losses caused by such negligence are charged against the public treasury they are in effect spread among all those who contribute financially to the support of the Government and the resulting burden on each taxpayer is relatively slight. But when the entire burden falls on the injured party it may leave him destitute or grievously harmed. Congress could, and apparently did, decide that this would be unfair when the public as a whole benefits from the services performed by Government employees. And for obvious reasons the United States cannot be equated with a municipality, which conceivably might be rendered bankrupt if it were subject to liability for the negligence of its firemen. There is no justification for this Court to read exemptions into the Act beyond those provided by Congress.[3] If the Act is to be altered that is a function for the same body that adopted it.

The record shows that the trial judge dismissed both complaints in their entirety solely on the basis of the Dalehite case. While the Court of Appeals relied on state law to uphold the dismissal of those allegations in the complaints which charged negligence for reasons other than the Forest Service’s carelessness in controlling the fire, we cannot say that court’s interpretation of Washington law was wholly free from its erroneous acceptance of the statements in Dalehite about public firemen. Furthermore it has been strongly contended here that the Court of Appeals improperly interpreted certain allegations in the complaints and as a result of such misinterpretation incorrectly applied Washington law in passing on the sufficiency of these allegations. In view[*321] of the circumstances, we think it proper to vacate both judgments in their entirety so that the District Court may consider the complaints anew, in their present form or as they may be amended, wholly free to determine their sufficiency on the basis of whether the allegations and any supporting material offered to explain or clarify them would be sufficient to impose liability on a private person under the laws of the State of Washington.[4] The judgments of both courts are vacated and the cases are remanded to the District Court for consideration in accordance with this opinion. ^

T, . 7 7 It is so ordered.

1

And see United States v. Yellow Cab Co., 340 U. S. 543, 548-550.

2

See also Eastern Air Lines v. Union Trust Co., 95 U. S. App. D. C. 189, 221 F. 2d 62, aff’d per curiam sub nom. United States v. Union Trust Co., 350 U. S. 907; Air Transport Associates v. United States, 221 F. 2d 467. Cf. United States v. Praylou, 208 F. 2d 291, 294-295.

3

See United States v. Aetna Casualty & Surety Co., 338 U. S. 366, 383.

4

Cf. Minnesota v. National Tea Co., 309 U. S. 551, 555; State Tax Commission v. Van Cott, 306 U. S. 511, 514-515; and Patterson v. Alabama, 294 U. S. 600, 607.

Dissent

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. 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. Indian Towing Co. v. United States, 350 U. S. 61, presents a different situation.