
    JOHN HORSTMANN COMPANY v. THE UNITED STATES. NATRON SODA COMPANY v. THE UNITED STATES.
    [54 C. Cls. 169, 214; 55 id. 66; 257 U. S. 138.]
    Judgments were rendered in favor of the United States in the court below. On appeal the judgments were affirmed, and the Supreme Court decided:
    In actions in the Court of Claims for damages resulting from an unforeseen flooding of claimants’ soda lakes following construction and operation of a Government irrigation project by which water was brought into the watershed—
    
      Held: (1) That allegations that the water percolated through the ground, due to lack of proper lining in the Government’s canals and ditches, the manner of their construction, and the natural conditions, were not intended to set up negligence, but merely to show causal connection between the project and the flooding, and hence did not characterize the cause of action as e® delicto.
    
    (2) That, as no intentional taking of claimants’ property could be implied, the Government was not liable ex contractu, assuming such causal relation. United States v. Lynah, 188 U. S. 445, distinguished.
   Mr. Justice McKeNNa

delivered the opinion of the Supreme Court November 21,1921.  