Monongahela Navigation Co. v. United States
Supreme Court of the United States
APPEAL FROM AND ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF PENNSYLVANIA. By the act of August 11, 1888, 25 Stat. 400, 411, o. 860, Congress, among other things, enacted: “The Secretary of War be, and is hereby, authorized and directed to negotiate for and purchase, at a cost not to exceed one hundred and sixty-one thousand, seven hundred and thirty-three dollars, and thirteen cents, lock and dam number seven, otherwise known as ‘the Upper…
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APPEAL FROM AND ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF PENNSYLVANIA. By the act of August 11, 1888, 25 Stat. 400, 411, o. 860, Congress, among other things, enacted: “The Secretary of War be, and is hereby, authorized and directed to negotiate for and purchase, at a cost not to exceed one hundred and sixty-one thousand, seven hundred and thirty-three dollars, and thirteen cents, lock and dam number seven, otherwise known as ‘the Upper Lock and Dam,’ and its appurtenances, of the Monongahela Navigation Company, a corporation organized under the laws of…
1Opinion of the Court
Mr. Justice Brewer,
after stating the case, delivered the opinion' of .the court.
It appears from the foregoing statement that the Monongahela Company had, under express authority, from the State of Pennsylvania, expended large sums of money in improving the Monpngahela Biver, by means of locks and dams; and that the particular lock and dam in controversy were built not only by virtue of this authority from the State of Pennsylvania, but also at the instance and suggestion of the United States. By means of these improvements, the Monongaliela Biver, which theretofore was only navigable for…
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