Law Commons^™

Public Officers - Federal Officer's Liability For Damages Done To Property Pursuant To Statutory Authorization, Jerome J. Dick

Michigan Law Review

The defendant, pursuant to a contract with the United States government for improving navigation on the Missouri River, built some structures in the bed of this navigable waterway which caused a shifting of the channel resulting in damage to the riparian lands of the plaintiff. Thereupon plaintiff sued for damages. In reversing the trial court, which had granted judgment for the plaintiff, the circuit court of appeals said that the action could be maintained against the defendant if there was a wrongful invasion of plaintiff's property rights; but held for defendant because the damage suffered by plaintiff was an incident …