
    JURAGUA IRON COMPANY v. THE UNITED STATES.
    [42 C. Cls. R., 99; 212 U. S. R., 297.]
    
      On the claimant's Appeal.
    
    An American corporation, having its principal place of business in Philadelphia, becomes the owner of real and personal property-in Cuba prior to the war with Spain. During the war buildings thereon are destroyed under proper military authority to preserve the health of troops encamped near them and to prevent the spreading of yellow fever. Certain railroad cars belonging to the claimant are taken and used in the operations of the army during the war and impaired and destroyed.
    
      The court below decides:
    I.The law is well settled that where a citizen of one belligerent is engaged in business within the territory of the other owning property, which has a permanent situs, it is subject to the same treatment as that of the enemy.
    II.A belligerent in enemy’s country has the right under the usages of modern warfare to destroy property for the protection of • his troops against the ravages of disease.
    III.A belligerent power is not liable for the destruction of property belonging to its own citizens If the destruction be caused by military operations.
   The decision of the court below is affirmed.

Mr. Justice Harlan delivered the opinion of the Supreme Court February 23, 1909.  