Stephen Johnson Field,
United States v. Atchison T S F Railroad Company…
“ But the judges of the court of claims, being equally divided upon the question of the liability of the United States to make any compensation, gave judgment pro forma in their favor against the company. On appeal, this court reversed the judgment, holding that the government was entitled only to the free use of the road, and that compensation must be made for the transportation, with a fair deduction for such use. The case was accordingly remanded with directions to enter a new decree, awarding compensation with such deduction. ”
