The Pile Driver No. 2.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Uibel by the United States against the New York Central and Hudson River Railroad Pile Driver No. 2; the New York Central & Hudson River Railroad Company, claimant. Decree for libelant, and claimant appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Uibel by the United States against the New York Central and Hudson River Railroad Pile Driver No. 2; the New York Central & Hudson River Railroad Company, claimant. Decree for libelant, and claimant appeals. This action was brought in rem under the act of March 3, 1899 (30 Statutes at Darge, 1151 — 1155), entitled “An act making appropriations for the construction, repair and preservation of certain public works on rivers and harbors, and for other purposes.” The following is the opinion of Hough,…
1Opinion of the Court
COXE, Circuit Judge.
The act in question provides, in section 13, as follows:
“It shall not be lawful to throw, discharge, or deposit, or cause, suffer, or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft of any kind, * * * any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state, into any navigable water of the United States.”
The facts are fairly stated in the opinion of the District Judge and need not be repeated here. The testimony and admissions…
2Cases cited2 opinions
- United States v. The BombayDistrict Court, E.D. New York · 1891
- United States v. EmperorDistrict Court, E.D. New York · 1892