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TURNER V. UNITED STATES, 248 U. S. 354 (1919)

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U.S. Supreme Court

Turner v. United States, 248 U.S. 354 (1919)

Turner v. United States

No. 33

Argued November 13, 14, 1918

Decided January 7, 1919

248 U.S. 354


While recognized by the United States as a distinct political community, the Creek Nation leased a pasture, the lessees undertaking to fence and pay rent. When nearly completed, the fence was destroyed by the action of a Creek mob, participated in by the Creek Treasurer, and thereafter one of the lessees, assignee of the rest, sued the Creek Nation for the cost of the fence and of the assignments and for the loss of the benefits of the lease. Held that there was no cause of action, for a sovereignty, on general principle, is not liable for injuries resulting from mob violence or failure to keep the peace, and neither the wrong of the Treasurer nor any duty under the lease created such liability here. P. 248 U. S. 357.

The special Act of May 29, 1908, C. 216, 35 Stat. 444, 457, authorized suit in the Court of Claims against the Creek Nation for the adjudication of this claim, but it did not validate the claim itself or permit that the United States be joined as a defendant. P. 248 U. S. 358.

51 Ct.Clms. 125 affirmed.

The case is stated in the opinion.

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