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United States Vs. Archer

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  • US Supreme Court
  • May 01, 1916

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  1. District of Columbia Vs. Barnes US Supreme Court · Feb 27, 1905
  2. United States Vs. Grizzard US Supreme Court · Jan 03, 1911
  3. United States Vs. Lynah US Supreme Court · Feb 23, 1903
  4. Transportation Co. Vs. Chicago US Supreme Court · Jan 01, 1878
  5. U.S. 119 (1916) U.S. Supreme Court United States v. Archer
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  6. U.S. 119 (1916) United States v. Archer
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  7. a dike in a navigable river is limited to compensation for the area actually occupied by the dike itself under Bedford v. United
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  8. States, 192 U. S. 217 , and Jackson v. United
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  9. upon it of waters of the river by reason of the construction and maintenance of the dike under United States v. Grizzard
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  10. Citing United States v. Grizzard
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  11. And they rely on United States v. Grizzard
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  12. if so, the liability should be clear, the cause of it direct and certain. This we explained in Jackson v. United
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  13. States, 230 U. S. 1 , and in Hughes v. United
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  14. No. 6, Original, Arkansas v. Tennessee
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  15. of 1876, while in No. 10, Original, Arkansas v. Mississippi
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  16. The findings are conclusive upon this Court unless error of law appear in the record. United States v. Smith
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  17. Stone v. United
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  18. construction and maintenance of the dike. The simple question is whether the case should be governed by United States v. Grizzard
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  19. U. S. 180 , upon which the Court of Claims rested its decision, or by Bedford v. United
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  20. the taking as a trespass, but it does not dissentitle him to compensation for the land actually taken. New York v. Pine
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  21. and equity, from the mere act of taking, and it is upon the implied assumpsit that the action rests. United States v. Lynah
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  22. adjoining land owned by a third party. It is this doctrine that underlies the decisions of this Court in Bedford v. United
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  23. in substance that private property shall not be taken or damaged for public use without compensation. Richards v. Washington
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  24. on the other side of the line, and comes within a class of cases quite as well established, of which United States v. Grizzard
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  25. can be found in the textbooks and cyclopedias. The doctrine has been uniformly adhered to by this Court. In Bauman v. Ross
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  26. In Sharp v. United
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  27. In United States v. Grizzard
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  28. indirect injuries to the use of property adjacent but of which no part was taken from the owner. Transportation Co. v. Chicago
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  29. Sharp v. United
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  30. Bedford v. United
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  31. land, and therefore no responsibility for the consequential damages arising from the government operations. Jackson v. United
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  32. and maintenance of the dike. I also think that the case comes clearly within the authority of United States v. Grizzard
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  33. Tillson v. United
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  34. Harvey v. United
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  35. U.S. Supreme Court United States v. Archer
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  36. and Jackson v. United
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  37. Jackson v. United
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  38. Hughes v. United
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  39. Original, Arkansas v. Tennessee
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  40. Original, Arkansas v. Mississippi
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  41. United States v. Smith
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  42. New York v. Pine
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  43. Richards v. Washington
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  44. Court. In Bauman v. Ross
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  45. of United States v. Grizzard
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