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In United States v. Pacific R. Co., 120 U. S. 227 (1887), Mr. Justice Field, speaking for a unanimous Court, discussed a case that involved bridges which had been destroyed during the War Between the States by a retreating Northern Army to impede the advance of the Confederate Army. Though the point was not directly involved, the Court raised the question of whether this act constituted a compensable taking by the United States and answered it in the negative: 'The destruction or injury of private property in battle, or in the bombardment of cities and towns, and in many other ways in the war, had to be borne by the sufferers alone as one of its consequences. Whatever would embarrass or impede the advance of the enemy, as the breaking up of roads, or the burning of bridges, or would cripple and defeat him, as destroying his means of subsistence, were lawfully ordered by the commanding general. Indeed, it was his imperative duty to direct their destruction. The necessities of the war called for and justified this. The safety of the state in such cases overrides all considerations of private loss.' 120 U. S., at ...
