West Coast Naval Stores Co. v. Louisville & N. R.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Florida. By reason of rulings of the circuit court on demurrers, plaintiff in error was compelled to submit to judgment, and has sued out its writ for the reversal of that judgment. The errors assigned all have reference to rulings upon demurrers to pleas filed by defendant in error, and replications filed by plaintiff in error.
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In Error to the Circuit Court of the United States for the Northern District of Florida. By reason of rulings of the circuit court on demurrers, plaintiff in error was compelled to submit to judgment, and has sued out its writ for the reversal of that judgment. The errors assigned all have reference to rulings upon demurrers to pleas filed by defendant in error, and replications filed by plaintiff in error. The declaration consists of two counts, but, as there is no substantial difference between them, it will only be necessary to give the second count of the declaration, which alleges as…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). The case shows that the Louisville & Nashville Railroad Company is in the possession of a large wharf, built at its own expense on the extension of a public street in the city of Pensacola into the deep waters of the harbor of the city, on which street and wharf it has laid railroad tracks connecting with its main line and depot in the city, over which tracks the railroad company carries and transports goods ordered and intended for shipment by water, making a quasi terminal of said wharf; and the question is whether this wharf is a public wharf, or, if not…
2Cases cited15 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Atchison, Topeka & Santa Fe Railroad v. Denver & New Orleans RailroadSupreme Court of the United States · 1884
- Dutton v. StrongSupreme Court of the United States · 1861
- Gulf, C. & S. F. Ry. Co. v. Miami S. S. Co.Court of Appeals for the Fifth Circuit · 1898
- Indian River Steamboat Co. v. East Coast Transportation Co.Supreme Court of Florida · 1891
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3Cited by1 opinion
- Louisville & N. R. Co. v. West Coast Navad Stores Co.Court of Appeals for the Fifth Circuit · 1904