“ The plaintiff relies on cases holding the creator of a nuisance liable for injuries resulting therefrom after he had transferred the premises to another by need or lease; but they are not in point. They proceed on the theory that by such a transfer the creator expressly or impliedly affirms the right of the transferee to continue the prior situation or use, and also voluntarily disables himself from correcting or abating the same. Here the defendant had neither created the nuisance nor made a voluntary transfer of the premises. ”

“ When the United States took over this road the embankment and track in the bed of the stream were taken over as part of it, and the defendant was deprived of all power over them while they remained under federal control. Their maintenance and use during that period were exclusively in the hands of federal agents. If a duty rested on any one to make any change in them, it rested on the federal agents; and if maintaining and using them without change was a wrong against the plaintiff, it was a wrong committed by those agents, for which no liability attached to the defendant. ”

“ In General Order No. 50, issued October 28, 1918 (U.S. R. R. Administration Bulletin No. 4, Revised, 334) , which recited that suits were being brought against railroad companies, the roads of which were under federal control, on causes of action arising during such control for which the companies were not responsible, it was directed that actions and suits based on claims for injuries to persons, damage to property, etc., growing out of the possession, use, control or operation of any railroad by the Director General be brought against that officer, and not otherwise. ”