34 F. 673 | U.S. Circuit Court for the District of Maryland | 1888
This is a suit, against the United States under act of March 3, 1887, to recover compensation exceeding $1,000 for the use of plaintiff's land at Hawkins’ point, on the Patapsco river. The nature of the case upon which the plaintiff’s claim is based is this: The United States light-house board by authority of congress, and with money appropriated by congress for that purpose, has erected two light-houses,— one in the water at Hawkins’ point, in front of the" shore of plaintiff’s land, and the other on Leading point, about one mile back in a northwesterly direction, upon land of some one else other than the plaintiff. They are range lights to enable vessels to direct their course, so as to keep in the Brewerton channel as excavated by the United Stales, when coming up or going down the river t o a nd from the port of Baltimore. For that use it is requisite that there should be no intervening object between the light-houses; the intention being that when a vessel is on her true course in the channel the rear light on Leading point shall, in the nighttime, he seen in a line with and directly above the front light on Hawkins’ point, and similarly in the day-time the signal balls shall be so seen. Tlie land of the plaintiff in respect of which he claims compensation lies between the two lights and is used by him, according to bis petition, as a site for buildings for manufacturing purposes. He claims that the United States has required of him that so much of his laud as lies within the range between the two light-houses, and for a space not
These considerations are also applicable to the second contention, viz., that the mere passing of light across the plaintiff’s land in the nighttime, or the mere exhibiting range signals in the day-time to be seen across it, is not a use of land for which compensation can be recovered. In our judgment it is immaterial whether the suit is to be considered as one for use and occupation of land by the United States, or for damages resulting from the prevention of plaintiff’s use of his own land. Section 5 of the act of March 3, 1887, c. 359, provides that the plaintiff shall bring his suit by petition, and shall set forth “the nature of his claim, and a succinct statement of the facts upon which the claim is- based, the money or other thing claimed, or the damages sought to be recovered, and praying the court for a judgment or decree upon the facts and the law.” The form of action is not, therefore, material, and such a petition is not demurrable if it sets forth facts from which a contract may be implied, or if it alleges lawful and authorized acts of the government, not torts of its agents, upon which an obligation to pay damages may be sustained.
The demurrer is overruled.