Edward Douglass White

“ We do not stop, however, to further consider the subject, since whatever view be taken of the finding, the fact as to the use of dynamite would not in law amount to a taking by the United States, because in any event the mere act, to meet an emergency, of the officer, conceding, under the circumstances stated, that it was a wrongful act, cannot be held to be the act of the United States, and therefore affords no ground in any event for holding that the United States had taken the property for public use. ”

“ Indeed, the court, in express terms, found there was identity between that case and this, and placed its conclusion against the right to recover upon its ruling in the Jackson Case; and in so doing, in view of our affirmance of the judgment in the Jackson Case, it follows that, in our opinion, no error was committed. ”

“ This results from the fact that the general expressions in the findings manifesting the error which we pointed out in the Jackson Case are, as a rule, in this case qualified by statements incompatible with the general expressions, and which therefore serve to correct the error which otherwise would exist. Thus, in finding 1, after referring to the St. ”