· 5/18/1896
United States v. Winchester & Potomac Railroad
Citations
- 163 U.S. 244
- 16 S. Ct. 993
- 41 L. Ed. 145
- 1896 U.S. LEXIS 2261
- 31 Ct. Cl. 450
Syllabus
<p>The Court of Claims had no jurisdiction over this case, as the claim of the defendant in error is a “ War Claim,” growing out of the appropriation of property by the army while engaged in the suppression of the rebellion.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- distinguishing seizure with no implication of compensation of railroad used for benefit of Confederacy, which constituted an “act-of war,” from situation where property is taken or used by federal government under an implied agreement that owner should be compensated
- seizure of Confederate railroad materials was an “act of war” because it “had no element of contract, but was wholly military in character”
- seizure of Confederate railroad materials was an “act of war” because it “had no element of contract, but was wholly military in character”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hablan, Shiras
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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