Stowers v. United States

• Decision Date: 07 March 1961
• Docket Number: Civ. A. No. 831.
• Citation: 191 F. Supp. 795
• Parties: Clayton P. STOWERS v. UNITED STATES of America.
• Court: U.S. District Court — Northern District of Georgia

191 F. Supp. 795

Clayton P. STOWERS v. UNITED STATES of America.

Civ. A. No. 831.

United States District Court N. D. Georgia, Gainesville Division.

February 7, 1961.

As Amended March 7, 1961.

Kenyon, Kenyon & Gunter, Gainesville, Ga., for plaintiff.

Charles D. Read, Jr., U. S. Atty., Slaton Clemmons, Asst. U. S. Atty., Atlanta, Ga., for defendant.

SLOAN, District Judge.

The above case was tried to the Court without a jury and thereafter the Court entered its Findings of Fact and Conclusions of Law in which it was found that plaintiff's well was damaged by the seepage of water caused by the construction of Buford Dam and Reservoir and that plaintiff was entitled to recover from defendant the sum of $3,000 therefor. A judgment was subsequently entered in plaintiff's favor in the sum of $3,000.

Plaintiff has now filed a motion to require defendant to pay interest on such judgment in which he stated that after the defendant dismissed its appeal in the case that it tendered to plaintiff a check for $3,000 and that plaintiff has refused to accept the check in full payment of his claim and contends that defendant should pay him interest on the amount of the judgment from June 9, 1958 to October 10, 1960. Plaintiff states that the defendant has refused to pay any amount in addition to the $3,000 "on the ground that interest was neither claimed in the complaint nor allowed in the judgment." Plaintiff prays in the motion that:

1. The Court enter an order requiring defendant to pay plaintiff interest from June 9, 1958 to October 10, 1960, at the rate of 6% per annum.

2. That if the Court finds it necessary, that the judgment be amended under Rule 60(a), 28 U.S.C.A., so as to provide for interest at the rate of 6% from June 9, 1958 until the time of payment.

3. That if the Court find plaintiff is not entitled to the interest prayed for, that an order be entered under 28 U.S.C.A. § 2411(b), requiring defendant to pay interest at the rate of 4% per annum from the date of judgment until the time of payment.

Plaintiff's motion is now properly before the Court for determination under Local Rule 15.

Interest as such was not claimed in the complaint; however, the property owner's right to just compensation required the Court to take into consideration interest from the date of taking, or its equivalent (Seaboard Air Line Ry. v. United States, 261 U.S. 299, 306, 43 S.Ct. 354, 67 L.Ed. 664), and while no separate finding as to interest, or its equivalent was made,...