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Portsmouth Harbor Land & Hotel Co. v. United States, 260 U.S. 327 (1922)

Portsmouth Harbor Land & Hotel Co. v. United States

No. 97

Argued November 15, 1922

Decided December 4, 1922

260 U.S. 327


1. The petition alleged that the United States, after having several times in the past discharged its battery over petitioner's land, reinstalled its guns with the intention of so firing them and without intention or ability to fire them otherwise, established a fire control and service upon that land, and again discharged all of the guns over and across it. A taking by the United States was alleged as a conclusion of fact from these specific acts, and damages were claimed. Held that the taking of a servitude, and an implied contract to pay might be inferred, and that a demurrer to the petition should not have been sustained. P. 260 U. S. 328.

2. Where acts amount to a taking of property by the United States without assertion of an adverse right, a contract to pay may be implied whether it was thought of or not. P. 260 U. S. 330.

56 Ct.Clms. 494 reversed.

Appeal from a judgment of the Court of Claims dismissing a petition on demurrer.

Page 260 U. S. 328

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