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United States Vs. Lynah
Cites for this judgment
- US Supreme Court
- Feb 23, 1903
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U.S. 445 (1903) U.S. Supreme Court United States v. LynahSearch
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U.S. 445 (1903) United States v. LynahSearch
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Pumpelly v. GreenSearch
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public purposes within the meaning of the Fifth Amendment, for which compensation is due to the plaintiffs. Pumpelly v. GreenSearch
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their possession. This is taking of the land for public purposes, for which compensation must be provided. Pumpelly v. GreenSearch
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by the government that there was no implied contract, but simply tortious acts on the part of its officers, and Hill v. UnitedSearch
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States, 149 U. S. 593 , and Schillinger v. UnitedSearch
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In Langford v. UnitedSearch
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to be private property, they may be held, as upon an implied contract, to pay its value to the owner. United States v. GreatSearch
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of Claims for the use of a patent for an invention, the plaintiff's right in which they have acknowledged. Hollister v. BenedictSearch
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in none of them was any doubt thrown upon the correctness of the decision in Langford's case. See Schillinger v. UnitedSearch
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to pay for the value of the property so appropriated. Let us see what this Court has decided. In United States v. GreatSearch
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the action of the government as a taking under its sovereign right of eminent domain, demand just compensation. Kohl v. UnitedSearch
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In Great Falls Manufacturing Company v. AttorneySearch
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In Hollister v. BenedictSearch
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within the jurisdiction of the Court of Claims, such as was entertained and sanctioned in the case of United States v. GreatSearch
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In United States v. PalmerSearch
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In United States v. BerdanSearch
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in an appropriation, Page 188 U. S. 466 it is to be treated as the act of the government. South Carolina v. GeorgiaSearch
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United States v. GreatSearch
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agreed upon, to purchase the same. This brings the case directly within the scope of the decision in United States v. GreatSearch
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from thereafter maintaining either trespass or ejectment, but is limited to a recovery of compensation. Roberts v. NorthernSearch
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Northern Pacific Railroad v. SmithSearch
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The case of Pumpelly v. GreenSearch
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Reference was also made to the case of Sinnickson v. JohnsonSearch
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Hooker v. NewSearch
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Rowe v. GraniteSearch
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Canal Appraisers v. PeopleSearch
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Lackland v. NorthSearch
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Stevens v. MiddlesexSearch
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to the obligation cast by the Fifth Amendment of paying just compensation. In Monongahela Navigation Company v. UnitedSearch
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full value, and that a part of that value consisted in the franchise to take tolls. So, in the recent case of Scranton v. WheelerSearch
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simply a tortious act doing injury over which the Court of Claims has no jurisdiction. Thus, in Transportation Company v. ChicagoSearch
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injury, thereto. In the course of the opinion, after referring to the Pumpelly case, supra, and Eaton v. BostonSearch
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Page 188 U. S. 473 Chicago v. TaylorSearch
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not a taking thereof, because all that was done was a temporary and limited interruption of the exclusive use. Gibson v. UnitedSearch
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per acre, there was no taking of the property, but only a consequential injury. See also Marchant v. PennsylvaniaSearch
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U. S. 82 . In this connection, Mills v. UnitedSearch
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to real estate, containing no element whatever of contract. In such case, there can be no waiver of the tort. Jones v. HoarSearch
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Smith v. HatchSearch
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As we had occasion to remark in Dooley v. UnitedSearch
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nothing short of clear language in the statute will justify it. None such is even hinted at in United States v. RussellSearch
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The case followed that of Mitchell v. HarmonySearch
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How. 115, and was distinguished from that of Filor v. UnitedSearch
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U. S. 478 claimed the property as its own and recognized no superior title. This was also the case in Hill v. UnitedSearch
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of the property. Such a doctrine is directly -- as I see it -- in conflict with the decisions of this Court in Gibson v. UnitedSearch
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