Bartholomae Corporation v. United States

Bartholomae Corporation brought action against the United States for damages to certain buildings on land owned by it. It was claimed such damage was caused by atomic energy and nuclear detonations, conducted by employees of the United States at a site known as French» man’s Flat, about 150 miles southwest of the property of plaintiff. Two counts are founded in negligent detonation of explosives by agents of the government in the course of employment and the presumption arising by the doctrine of res ipsa loquitur. One count is based upon a supposed absolute liability, and the final count is predicated upon the theory there was a taking in eminent domain.

About an hour before the nuclear detonation in question, high explosives were set off in the same area and the effect recorded on the eight microbara-graphs — the entire available supply of such instruments in the United States. These instruments were placed at strategic points, according to the judgment of a highly trained scientist. These instruments were placed in heavily populated areas, but none to the north, in which general direction the land of plaintiff lay. The placement and scaled-up readings from these instruments,…