Klein v. United States

This case is before us on plaintiffs’ motion for reconsideration.

In our opinion, delivered on November 2,1960, ante, p. 208, we held that defendant had taken an easement of flight over plaintiffs’ property in April 1947, when defendant began flying jet planes over the property at low altitudes with the intention of continuing to do so at will. We reaffirm that holding. However, we have come to the conclusion that we were in error in holding that plaintiffs’ cause of action was barred because not brought within sis years from that date. In so holding we did not give effect to the principle…