Ball Engineering Co. v. J. G. White & Co.
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OP APPEALS POR THE SECOND CIRCUIT. The case is stated in the opinion. The taking of the plaintiff’s property by the officers of the United States was not a taking under eminent domain, but á proprietary taking under a doctrine of private law which did not in any way rest upon the rights of the Government • as sovereign and which, if correct in theory, would have been equally available to any private citizen under similar circumstances.
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CERTIORARI TO THE CIRCUIT COURT OP APPEALS POR THE SECOND CIRCUIT. The case is stated in the opinion. The taking of the plaintiff’s property by the officers of the United States was not a taking under eminent domain, but á proprietary taking under a doctrine of private law which did not in any way rest upon the rights of the Government • as sovereign and which, if correct in theory, would have been equally available to any private citizen under similar circumstances. Since the taking was tortious, the plaintiff cannot re- ' cover the value from the Government. No title can be acquired by a…
1Opinion of the CourtJustice Day
The Ball Engineering Company, a Missouri corporation, brought this action-against J. G. White & Company, Inc., a Connecticut corporation, in the United States District Court for the District of Connecticut, for damages for the alleged conversion of a contractor’s plant and equipment, which was prepared for use in prosecuting the work of constructing lock and dam No. 6, on the Trinity River, in the State of Texas, and all of which, including buildings, were located upon the site of the lock and dam at the time of the alleged conversion. The action was tried before a referee, designated under…
2Cases cited4 opinions
- United States v. LynahSupreme Court of the United States · 1903
- R. Ribas Y Hijo v. United StatesSupreme Court of the United States · 1904
- Bigby v. United StatesSupreme Court of the United States · 1903
- United States v. Buffalo Pitts Co.Supreme Court of the United States · 1914
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- United States v. North American Transportation & Trading Co.Supreme Court of the United States · 1920
- Portsmouth Harbor Land & Hotel Co. v. United StatesSupreme Court of the United States · 1922
- Klebe v. United StatesSupreme Court of the United States · 1923
- United States v. Nederlandsch-Amerikaansche Stoomvaart Maatschappij (Holland-America Lijn)Supreme Court of the United States · 1920
- Hines v. McCullersMississippi Supreme Court · 1920
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