State v. Cleveland & Pittsburgh Railroad
Ohio Supreme Court
Error to the Court of Appeals of Cuyahoga county. This was a proceeding brought in the court of common pleas of Cuyahoga county by the state against The Cleveland & Pittsburgh Railroad Co., The Lake Shore & Michigan Southern Railway Co., The Pennsylvania Co. and The New York Central Railroad Co. The petition alleges that the defendants are the owners of certain lands, forming a contiguous tract, having a frontage of about 1,415 feet on the south shore of Lake Erie, just west…
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Error to the Court of Appeals of Cuyahoga county. This was a proceeding brought in the court of common pleas of Cuyahoga county by the state against The Cleveland & Pittsburgh Railroad Co., The Lake Shore & Michigan Southern Railway Co., The Pennsylvania Co. and The New York Central Railroad Co. The petition alleges that the defendants are the owners of certain lands, forming a contiguous tract, having a frontage of about 1,415 feet on the south shore of Lake Erie, just west of the mouth of the Cuyahoga river 'where it enters the artificial harbor created by the United States government…
1Opinion of the CourtJohnson, J.
The federal government, under the constitutional grant of authority to regulate interstate and foreign commerce, has power to establish harbor lines in navigable waters. In the *68exercise of that power it did establish a harbor line in Lake Erie- about 900 feet out from the shore in front of defendants’ land. The defendant companies and other littoral proprietors have made extensive fills and wharves between the shore and the harbor line.
The contention of the plaintiff is that the state is the absolute owner of the subaqueous land between the shore and the harbor line, and that the littoral…
2Cases cited12 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- Scranton v. WheelerSupreme Court of the United States · 1900
- Atlee v. Packet Co.Supreme Court of the United States · 1875
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State Ex Rel. Squire v. City of ClevelandOhio Supreme Court · 1948
- Young v. Southern Pacific Co.California Supreme Court · 1922
- State Ex Rel. Merrill v. Ohio Department of Natural ResourcesOhio Supreme Court · 2011
- Boston Waterfront Development Corp. v. CommonwealthMassachusetts Supreme Judicial Court · 1979
- Darling v. City of Newport NewsSupreme Court of Virginia · 1918
20 more not listed; retrieve them via the Exa API.