C. P. R. R. Co. v. pitts.C. Co.

This appeal is from a decree restraining defendant from dredging in certain parts of the bed of Little Beaver River which plaintiffs claim to own. The decree was based on the learned court's conclusion that the dredging proposed, and required in the future, would constitute a restrainable trespass on their land.

Little Beaver River flows into the Ohio River from the north, a short distance east of the Ohio state line. In 1911, the federal government, to improve navigation, constructed Dam No. 8 in the Ohio River, at a point in the State of West Virginia 5 miles below the Little Beaver. The dam…