John Hessin Clarke

“ Section 27 also provides for cases in which death or injury, for which compensation is payable under the act, is caused under circumstances 'creating a legal liability in some person other than the United States to pay damages,' but in which the beneficiary, instead of the Commission, receives the proceeds of suit or settlement. Here it is required that such beneficiary shall refund to the United States from such proceeds the amount of any compensation that has been paid to him by the government or shall credit the money so received upon any compensation payable to him for the same injury. ”

“ On the other hand, the right to sue the United States under the Federal Control Act, applicable to all persons alike, is on the basis of negligence, precisely as if the government were an operating common carrier corporation, and it is subject to all of the expense, delay and hazard usual in cases of that character. ”