United States v. Sarah Joyce King Cooper, as Executrices of the Will of M.A. Cooper, Deceased

TUTTLE, Circuit Judge.

This is an appeal from a judgment based on a jury verdict in a land condemnation case. Although there are other questions raised, the principal contention made by the government is that the trial court erred in permitting the jury to pass on the value of appellees’ lands as having potential value as a dam site. This argument has a triple base. First, the government argues the Etowah River is navigable, and the case is therefore ruled by United States v. Twin City Power Co., 350 U.S. 222, 76 S.Ct. 259, 100 L.Ed. 240; second, it argues that if not navigable, the Etowah was…