Legal Opinion

United States v. Cincinnati & M. V. R.

Court of Appeals for the Sixth Circuit

Decided December 3, 1904No. 1,323PublishedCited by 2 opinions

Appeal from the Circuit Court of the United States for the Southern District of Ohio. The following is the opinion of the Circuit Court (Thompson, District Judge): The line of the railway of the defendant the Cincinnati & Muskingum Valley Railroad Company crosses the Muskingum river about seven miles below Dresden, Ohio.

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Appeal from the Circuit Court of the United States for the Southern District of Ohio. The following is the opinion of the Circuit Court (Thompson, District Judge): The line of the railway of the defendant the Cincinnati & Muskingum Valley Railroad Company crosses the Muskingum river about seven miles below Dresden, Ohio. The bridge upon which it crosses the river, and over which its trains are run, was built in 1870, under authority granted to it by ■the Board of Public Works of the state of Ohio, and was a lawful structure. Afterwards, in 1886, the state of Ohio transferred to the United…

1Opinion of the Court

SEVERENS, Circuit Judge.

The United States seeks by this bill to obtain an injunction restraining the appellee the Cincinnati & Muskingum Valley Railroad Company from renewing the superstructure •of its bridge over the Muskingum river. The locality' of the bridge is six miles below Dresden, in Ohio. The river is navigable for small craft from Dresden to the place where it empties into the Ohio. It appears that the state of Ohio had and maintained control over the Muskingum river prior to 1886, and had constructed numerous improvements thereon, and had authorized the building of several bridges…

2Cases cited6 opinions

  1. The Clinton BridgeSupreme Court of the United States · 1870
  2. People Ex Rel. Keene v. Board of SupervisorsNew York Court of Appeals · 1894
  3. State ex rel. Roundtree v. Board of CommissionersIndiana Supreme Court · 1881
  4. Bardwell v. Town of JamaicaSupreme Court of Vermont · 1843
  5. Howe v. Commissioners of Crawford CountySupreme Court of Pennsylvania · 1864

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. United States v. Parkersburg Branch R.Court of Appeals for the Fourth Circuit · 1906
  2. United States v. Louisville Bridge Co.District Court, W.D. Kentucky · 1916

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