Simpkins v. United States

Court of Claims

Simpkins v. United States

51 Ct. Cl. 448, 1916 U.S. Ct. Cl. LEXIS 26, 1916 WL 1112

CourtUnited States Court of Claims

DecidedJune 5, 1916

DocketNo. 30569

StatusPublished

This text of 51 Ct. Cl. 448 (Simpkins v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Simpkins v. United States, 51 Ct. Cl. 448, 1916 U.S. Ct. Cl. LEXIS 26, 1916 WL 1112 (cc 1916).

Pincite

Opinion

Per Curiam :

The evidence does not show to the satisfaction of the court that any part of the claimant’s lands have been or are permanently submerged or so injured by the construction of the lock and dam by the defendants as to constitute a taking of the same, and if any such lands had been submerged and taken there is nothing in the evidence presented to the court to enable it to designate the same.

It further appears from the evidence that the claimant has only a life estate in the lands alleged to have been taken.

Hence the petition is dismissed.

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Per Curiam :

The evidence does not show to the satisfaction of the court that any part of the claimant’s lands have been or are permanently submerged or so injured by the construction of the lock and dam by the defendants as to constitute a taking of the same, and if any such lands had been submerged and taken there is nothing in the evidence presented to the court to enable it to designate the same.

It further appears from the evidence that the claimant has only a life estate in the lands alleged to have been taken.

Hence the petition is dismissed.

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Bluebook (online)

51 Ct. Cl. 448, 1916 U.S. Ct. Cl. LEXIS 26, 1916 WL 1112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simpkins-v-united-states-cc-1916.