United States v. Nugent

ALLEN, Circuit Judge.

This is an appeal from a judgment awarding damages in an action brought under the Tucker Act, Title 28, § 41(20), U.S.C., 28 U.S.C.A. § 41(20), for the alleged appropriation by the United States of private property in consequence of the erosion and washing away of approximately 35 acres of appellee’s land, caused by the construction of Lock and Dam No. 41 and a dike a short distance below in the Ohio River. Appellant contends that the record presents a case of consequential damage, not amounting to an appropriation. This question will not be considered, as the case must…