Jackson v. United States
United States Court of Claims
On the defendants’ Demurrer. The Reporters’ statement of tbe case. Tbe allegations of tbe petition demurred to are set forth in tbe opinion of tbe court:
1Opinion of the Court
Nott, J.,
delivered tbe opinion of tbe court:
Tbe question in this case is whether it comes within tbe *319decision in Hayward (30 C. Cls. R., 219) or within the decision in Pumpelly v. Green Bay Company (13 Wall. R., 166).
In the former case the act assigned as the taking' of the claimant’s land was not so much what tbe Government did as what it neglected to do. The land was overflowed, washed away, and, for practical purposes, destroyed. Thecause alleged was the faulty construction of a dam. The effect of this faulty construction was a catastrophe — the breaking of the dam during a freshet. The…
2Cases cited1 opinion
- Hayward v. United StatesUnited States Court of Claims · 1895
3Cited by1 opinion
- Jackson v. United StatesUnited States Court of Claims · 1912