United States v. Welch
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF KENTUCKY. The facts are stated in the opinion.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF KENTUCKY. The facts are stated in the opinion. The six assignments of error all refer to the rulings of the court in respect to the private road, and but one question, Did the court err in awarding damages to plaintiffs’ land by reason of the destruction of said private road? It may be admitted that where the Government by the erection of a public improvement takes private property there is an implied contract on its part to make compensation therefor. But if private property is merely lessened in value by the…
1Opinion of the CourtJustice Holmes
This is a. proceeding under the act of March 3, 1887, c. 359, § 2, 24 Stat. 505, to recover the value of land taken by the United States. It is admitted that a strip of about three acres of land lying along the side of Four Mile Creek and running east and west was taken, and is to be paid for. It was permanently flooded by a dam on the Kentucky River, into which Four Mile-Creek flows. United States v. Lynah, 188 U. S. 445. Manigault v. Springs, 199 U. S. 473, 484. The plaintiffs owned other land south of and adjoining the strip taken, and had a private right of way at right angles to the…
2Cases cited5 opinions
- United States v. LynahSupreme Court of the United States · 1903
- Manigault v. SpringsSupreme Court of the United States · 1905
- Sharp v. United StatesSupreme Court of the United States · 1903
- Gibson v. United StatesSupreme Court of the United States · 1897
- Miller v. HortonMassachusetts Supreme Judicial Court · 1891
3Cited by167 opinions
- United States v. MillerSupreme Court of the United States · 1943
- United States v. CausbySupreme Court of the United States · 1946
- United States v. General Motors Corp.Supreme Court of the United States · 1945
- United States v. DickinsonSupreme Court of the United States · 1947
- United States v. Petty Motor Co.Supreme Court of the United States · 1946
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