
    MARY R. PEABODY ET AL. v. THE UNITED STATES.
    [46 C. Cls. R., 39; 231 U. S. R., 530.]
    
      On the plaintiffs’ appeal.
    
    In 1873-74 the Government purchases land on Gerrish Island and erects a battery. In 1901 it erects Fort Foster on the same site, one of the defenses of Portsmouth Harbor. Between these dates the claimants acquire adjacent land and erect a hotel 1,000 feet distant from the battery. In 1902 guns are fired for practice purposes. The concussion damages the hotel, and the fort continues to be a constant menace to the quietude of the hotel as a summer resort, depreciating its value.
    The court below decides:
    I. The concussion of guns fired from a fort in time of peace for practice purposes may injure an adjacent hotel, and the continued occupancy of the fort by the military forces may be a constant menace to the quietude of the hotel as a summer resort, impairing its value; but these acts of the Government do not constitute a taking of private property for public use within the meaning of the Constitution.
    II. Firing a few guns, each once, in such a direction as to send projectiles over and beyond the claimants’ land is not an assertion of dominion over the land or of an intent to deprive the owner of possession or enjoyment, and does not constitute a taking.
    III. The law of Maine is decisive of the boundaries of contiguous properties on the coast between high and low water mark. The rule established by the State set forth, and authorities cited.
    IV. The presence of a fort and the certainty that at times the guns will be fired in time of peace for practice purposes, and that the concussion may injure adjacent property and disturb the quietude of a summer resort, constitute but consequential damages, for which the Government is not liable.
    The decision of the court below is affirmed.
   Me. Justice Hughes

delivered the opinion of the Supreme Court December 15, 1913.  