Silver v. Connecticut River Lumber Co.
U.S. Circuit Court for the District of Vermont
At Law. Action by William R. Silver against the Connecticut River Lumber Company, to enforce an award, and suit in equity by the Connecticut River Lumber Company'against Silver, to set aside the award.
1Opinion of the CourtWheeler, J.
This action at law is brought upon an award by arbitrators for damage done to lands of the plaintiff by logs of the defendant floating in Connecticut river. The amount of the damages, and not the *193liability, was submitted, but the parties, by the terms of submission, agreed to perform the award. The defendant insists that ho liability follows damages so done: and that, as none was awarded or submitted, no right of recovery arises from the award. The river is navigable for such purposes, and as such is a highway common to all, and ordinarily no right to recover for damages done by logs floating…
2Cases cited5 opinions
- Underhill v. Van CortlandtNew York Court of Chancery · 1817
- Morville v. American Tract SocietyMassachusetts Supreme Judicial Court · 1877
- Overby v. ThrasherSupreme Court of Georgia · 1872
- Haines v. WelchOregon Supreme Court · 1886
- Rank v. RankSupreme Court of Pennsylvania · 1888
3Cited by1 opinion
- Monidah Trust v. Arctic Const. Co.Court of Appeals for the Ninth Circuit · 1920