Felix Frankfurter

“ The Federal Tort Claims Act cuts the ground from under that doctrine; it is not self-defeating by covertly embedding the casuistries of municipal liability for torts. [1]
While the Government disavows a blanket exemption from liability for all official conduct furthering the 'uniquely governmental' activity in any way, it does claim that there can be no recovery based on the negligent performance of the activity itself, the so-called 'end-objective' of the particular governmental activity. ”

“ If the Coast Guard failed in its duty and damage was thereby caused to petitioners, the United States is liable under the Tort Claims Act.
The Court of Appeals for the Fifth Circuit considered Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152, and Dalehite v. United States, 346 U.S. 15, 73 S.Ct. 956, 97 L.Ed. 1427, controlling. Neither case is applicable. Feres held only that 'the Government is not liable under the Federal Tort Claims Act for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service. ”

“ Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.'
The question is one of liability for negligence at what this Court has characterized the 'operational level' of governmental activity. Dalehite v. ”

“ Neither should it as a self-constituted guardian of the Treasury import immunity back into a statute designed to limit it.
The Coast Guard need not undertake the lighthouse service. But once it exercised its discretion to operate a light on Chandeleur Island and engendered reliance on the guidance afforded by the light, it was obligated to use due care to make certain that the light was kept in good working order ”

“ Woodbury, 136 U.S. 450, 10 S.Ct. 990, 34 L.Ed. 472 (municipal corporation liable for injuries caused by negligent failure to keep sidewalk in repair) with Harris v. District of Columbia, 256 U.S. 650, 41 S.Ct. 610, 65 L.Ed. 1146 (municipal corporation not liable for injuries caused by negligent sprinkling of streets) . ”