United States v. Jacobs

BRYAN, Circuit Judge.

The United States, for the purpose of improving navigation, constructed Widow’s Bar dam across the Tennessee river. Appellees Jacobs and Gunter, claiming that the dam holds back flood waters which injure their lands located above it, brought separate suits under the Tucker Act (28 USCA § 41 (20), to recover compensation for the damage done. From an adverse judgment Jacobs appealed and secured a reversal, this court holding that on the facts found by the District Judge he was entitled to compensation. Jacobs v. United States (C. C. A.) 45 F.(2d) 34. Before the second trial…