Sheriff v. Turner

Citations

• 119 F. 782
• 1902 U.S. App. LEXIS 5352

Syllabus

<p>1. Injunction—Restraining Action by Government Officer.</p> <p>A federal court of equity will not enjoin an army officer acting under the orders of the secretary of war, and pursuant to an act of congress providing for the building of an army post, from constructing a sewer therefrom upon lands over which the government has acquired the right of way, at suit of an owner of land lying below the projected mouth of the sewer, and through which the stream flows into which it will discharge, who alleges that the pollution of the water will interfere with the use and depreciate the value of his land. Whether the action complained of amounts to a taking of complainant’s land for public use, or is a tort only, injunction is not the proper remedy.</p>