Portsmouth Harbor Land & Hotel Co. v. United States
United States Court of Claims
The Reporter’s statement of the.case: The Supreme Court of the United States said: “ It may be assumed that if the Government had installed its battery, not simply as a means of defense in war, but with the purpose and effect of subordinating the strip of land between the battery and the sea to the right and privilege of the Government to fire projectiles directly across it for the purpose of practice or otherwise, whenever it saw fit, in time of peace, with the result of…
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The Reporter’s statement of the.case: The Supreme Court of the United States said: “ It may be assumed that if the Government had installed its battery, not simply as a means of defense in war, but with the purpose and effect of subordinating the strip of land between the battery and the sea to the right and privilege of the Government to fire projectiles directly across it for the purpose of practice or otherwise, whenever it saw fit, in time of peace, with the result of depriving the owner of its profitable use, the imposition of such a servitude would constitute an appropriation of…
1Opinion of the CourtBarNey, Judge
A suit nearly identical with this except as to parties and involving the same questions of law to be decided, was before this court before and the petition dismissed (Peabody v. United States, 46 C. Cls. 39), and subsequently appealed by the plaintiff to the Supreme Court, wherein the judgment of this court was affirmed, 231 U. S. 530.
Of course the judgment in that case settles all of the questions of law applicable to the facts as therein found, and it is only necessary to discuss and decide as to facts as found in this case other and different from those found in the Peabody case.
The facts…
2Cases cited22 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- United States v. LynahSupreme Court of the United States · 1903
- Schillinger v. United StatesSupreme Court of the United States · 1894
- Scranton v. WheelerSupreme Court of the United States · 1900
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