Mearl C. Tillman and Emily P. Tillman, Husband and Wife v. United States of America, (And Related Cases)

This is an appeal from the United States District Court for the District of Oregon, wherein the government was held not liable under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346 , 2671 et seq., for property damages caused by floods when the Columbia River went on a rampage in the year 1948.

The facts disclose that in 1949 fifty-two separate actions were filed against the United States government for damages resulting from the cutting of an underpass through the Denver Avenue embankment. All the plaintiffs were landowners in the Peninsula Drainage District No. 2.

Denver Avenue was first constructed by the County of Multnomah in 1915. It consists of a. high embankment or fill, over thirty feet in height and supports pavement fifty-two feet in width. It was constructed as an approach to the interstate bridge which connects Oregon with the State of Washington.

In 1937 the State Highway Commission, assumed full and complete jurisdiction of this highway in accordance with the laws of the State of' Oregon. (See O.C.L.A. § 100-130; O.C.1935 Supp. § 44-156).

With the advent of war in 1942, the government, pursuant to the necessities of war, caused to be constructed a large housing…