Franklin v. United States

ALLEN, Circuit Judge.

The principal question presented is whether the construction by the • United States of dikes on the bank and in the bed of the Mississippi River for the purpose of changing the current in order to improve navigation, which resulted after a year in the washing away of appellants’ land on the opposite side of the river, constitutes an appropriation of private property within the purview of the Fifth Amendment to the Constitution of the United States, U. S. C. A. A demurrer interposed to the declaration was sustained by the District Court. From the judgment dismissing the-…