I do not agree that the factor of negligence can be read into the Military Claims Act or that in this case we can properly infer negligence from the stipulated facts. Although Matter of Petterson v. Daystrom Corp. (17 N Y 2d 32, supra) dealt with a recovery in tort, I think that the basic principles there expressed require the extension of the Petterson rule to this ease and that is the premise of my vote.