Alexander v. United States
United States Court of Claims
On the claimants' Motion. The Reporters' statemeut of tlie case: The facts relating to the present motion and the history of the case will be found set forth in the report of the first decision ante p. 87. The Government proceeded to condemn a right of way and nothing else for its tunnel, and the discretion vested in the Secretary of War and Attorney-General to secure a strip of ground suitable for an avenue over the aqueduct was never exercised by them. (Senate Bx. Doc.
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On the claimants' Motion. The Reporters' statemeut of tlie case: The facts relating to the present motion and the history of the case will be found set forth in the report of the first decision ante p. 87. The Government proceeded to condemn a right of way and nothing else for its tunnel, and the discretion vested in the Secretary of War and Attorney-General to secure a strip of ground suitable for an avenue over the aqueduct was never exercised by them. (Senate Bx. Doc. Bo. 43, Forty-eighth Congress, second session, p. 7.) Parker v. Boston and Maine Railroad Company (3 Cush., 107) is…
1Opinion of the Court
Weldon J.,
delivered the opinion of the court:
This case was tried at the present term and a judgment rendered against the claimants. The motion is made, to reverse our former determination, upon the ground, that the court was mistaken, in its view of the law.
*333The suit is based directly on tbe provisions of an act entitled “An act to increase the water supply of the city of Washington, and for other purposes, ” passed July 17, 1882,. and found in the Statutes at Large, page 168. It is also insisted by counsel for the claimants, that upon the general principles of the law, applicable to the…
2Cases cited2 opinions
- United States v. BowenSupreme Court of the United States · 1880
- Carroll v. District of CoLumbiaUnited States Court of Claims · 1887