
    JENNIE A. WILLINK, EXECUTRIX, v. THE UNITED STATES.
    [38 C. Cls. R., 693; 49 C. Cls. R., 701; 240 U. S. R., 572.]
    
      On the plamtifs appeal.
    
    The officer of engineers in charge of the improvement of the harbor of Savannah enters into a contract for widening the river by-cutting away the claimant’s land, but the contractor does not enter or encroach upon the property. The officer also notifies the claimant to cease making improvements necessary for carrying on his business upon his river frontage, and the United States district attorney writes the claimant a letter intimating that if he does not comply with the officer’s demand proceedings will be instituted against him to recover the penalties prescribed by the act, 19th September, 1890. 26 Stat. L., 453. The claimant desists, to the great injury of his business. He sues for constructive use and occupation during a period of five years, at the expiration of which time the old harbor line is reestablished by the Secretary of War.
    On the first trial of this case, 38 C. Cls. R., 693, judgment was rendered for plaintiff. Defendants’ motion for new trial was allowed. Thereafter the case was heard again by the court and the petition was dismissed without an opinion.
    The judgment of the court below is affirmed.
   Mr. Justice Yah Devanter

delivered the opinion of the Supreme Court April 3, 1916.  