|
John Horstmann Co. v. United States, 257 U.S. 138 (1921)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
John Horstmann Co. v. United States, 257 U.S. 138 (1921)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 257 U.S. 129, click here.
John Horstmann Co. v. United States Nos. 26 , 32 Argued October 7, 1921 Decided November 21, 1921 257 U.S. 138
APPEALS FROM THE COURT OF CLAIMS
Syllabus
In actions in the Court of Claims for damages resulting from an unforeseen flooding of claimants’ soda lakes following construction and operation of a government irrigation project by which water was brought into the watershed,
Held:
(1) That allegations that the water percolated through the ground due to lack of proper lining in the government’s canals and ditches, the manner of their construction, and the natural conditions were not intended to set up negligence, but merely to show causal connection between the project and the flooding, and hence did not characterize the cause of action as ex delicto. P. 144.
(2) That, as no intentional taking of claimants’ property could be implied, the government was not liable ex contractu, assuming such causal relation. P. 145. United States v. Lynah, 188 U.S. 445, distinguished.
54 Ct.Clms. 169, 214; 55 id. 66, affirmed.
Appeal from judgments denying recovery for damages resulting from the flooding of claimants’ soda lakes.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," John Horstmann Co. v. United States, 257 U.S. 138 (1921) in 257 U.S. 138 257 U.S. 139–257 U.S. 142. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=ZARRARNJVXDWD2R.
MLA: U.S. Supreme Court. "Syllabus." John Horstmann Co. v. United States, 257 U.S. 138 (1921), in 257 U.S. 138, pp. 257 U.S. 139–257 U.S. 142. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=ZARRARNJVXDWD2R.
Harvard: U.S. Supreme Court, 'Syllabus' in John Horstmann Co. v. United States, 257 U.S. 138 (1921). cited in 1921, 257 U.S. 138, pp.257 U.S. 139–257 U.S. 142. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=ZARRARNJVXDWD2R.
|