Andrews v. United States
United States Court of Claims
The Reporter's statement of the case: Congress, on March 3, 1849, declared eight conditions under which horses lost in the military service should be paid for and reenacted this in the Revised Statutes. This contained no limitation of its scope either to peace or war.
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The Reporter's statement of the case: Congress, on March 3, 1849, declared eight conditions under which horses lost in the military service should be paid for and reenacted this in the Revised Statutes. This contained no limitation of its scope either to peace or war. Congress, on March 3, 1885, 23 Stat., 350, declared that all articles of private property of officers and enlisted men, “reasonable, useful, necessary, and proper,” “lost or destroyed in the military service,” in time of peace, without the owner’s fault, should be paid for. Horses are clearly within the terms of this act and…
1Opinion of the CourtBooth, Judge
The claimant, Frank M. Andrews, was a second lieutenant in the Eighth Cavalry, United States Army. As a *378cavalry officer be was required by the Army Regulations to be mounted, and hence kept a privately owned horse which he used for that purpose. While absent on leave from his post at Fort Huachuca, Ariz., his horse lost its life under the following circumstances: The animal had been delivered by the claimant to the post quartermaster for safe keeping; this officer turned him into the quartermaster’s pasture, where he was subsequently found with a broken leg, an injury so severe that on…
2Cases cited1 opinion
- Newcomber v. United StatesUnited States Court of Claims · 1916
3Cited by1 opinion
- Jonitz v. United StatesUnited States Court of Claims · 1939