U.S. Supreme Court JACOBS v. U.S., 290 U.S. 13 (1933)

[Page 290 U.S. 13, 18]

265 U.S. 106, 123, 44 S.Ct. 471; Liggett & Myers Tobacco Co. v. United States, , 47 S.Ct. 581.

The case of United States v. North American Transp. & Trad. Co., supra, cannot be regarded as establishing a different rule for the instant case. See Seaboard Air Line R. Co. v. United States, supra, page 305 of 261 U.S., 43 S.Ct. 354; Phelps v. United States, supra, pages 343, 344 of 274 U.S., 47 S.Ct. 611. The North American Case rested upon its special facts. There the original taking was tortious, and created no liability on the part of the government. Subsequent action was held to create a liability which rested upon an implied contract. The Court said that the suit was not founded upon the Fifth Amendment. 253 U.S. pages 334, 335, 40 S.Ct. 518. Suits brought to enforce the constitutional right to just compensation are governed by the later decisions which are directly in point.

The judgment of the Circuit Court of Appeals is reversed, and the cause is remanded for further proceedings in conformity with this opinion.

It is so ordered.