Montgomery v. Portland
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF OREGON. This writ of error brings up for review the final decree in a suit instituted in one of the. courts of Oregon by the City of Portland and Port of Portland against James B. Montgomery, who died during the progress of the cause, and was succeeded as defendant by his executrix, the present plaintiff in error.
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ERROR TO THE SUPREME COURT OF THE STATE OF OREGON. This writ of error brings up for review the final decree in a suit instituted in one of the. courts of Oregon by the City of Portland and Port of Portland against James B. Montgomery, who died during the progress of the cause, and was succeeded as defendant by his executrix, the present plaintiff in error. The principal question in the case is whether, under the circumstances to be presently stated, Montgomery, as owner of land situated within the limits of Portland on the "Willamette River, had the right to extend his wharves into the river…
1Opinion of the CourtJustice Harlan
This case cannot be distinguished in principle from Cummings v. City of Chicago, 188 U. S. 410, decided at the present term. In that case it appeared that the Secretary of War, proceeding under the act of September 19, 1890, and other legislation of Congress, had given his assent to the rebuilding of a certain dock in Calumet River, within the limits of Chicago; which river, being.one of the navigable waters of the United States, had been surveyed by the direction of the Government, and for its improvement Congress had made appropriations from time' to time. When that action was commenced…
2Cases cited5 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Brown v. MarylandSupreme Court of the United States · 1827
- Brown v. HoustonSupreme Court of the United States · 1885
- Cummings v. ChicagoSupreme Court of the United States · 1903
- Lake Shore & Michigan Southern Railway Co. v. OhioSupreme Court of the United States · 1897
3Cited by42 opinions
- Manigault v. SpringsSupreme Court of the United States · 1905
- Niagara Falls Power Co. v. Water Power & Control CommissionNew York Court of Appeals · 1935
- People Ex Rel. Palmer v. . TravisNew York Court of Appeals · 1918
- Pembroke Pembroke v. Peninsular Terminal Co.Supreme Court of Florida · 1933
- Appeal of Black Hawk Land Co.Wisconsin Supreme Court · 1909
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