Legal Opinion

Mill Creek & Minehill Nav. & R. v. United States

District Court, E.D. Pennsylvania

Decided November 22, 1917No. 3980PublishedCited by 7 opinions

At Law. Action by the Mill Creek & Minehill Navigation & Railroad Company, to the use of Philadelphia & Reading Railway Company, lessee, against the United States. Trial to court. Judgment for plaintiff.

1Opinion of the Court

DICKINSON, District Tudge.

This cause is one of 13; the others being entitled Nos. 3982, 3984, 3986, 3988, 3990, 3992, 3994, 3996, 3998, 4000, 4002, and 4004 of the same sessions all of which can be disposed of by one ruling. There are in substance two defenses interposed between the plaintiff’s demand and judgment. One goes to the merits of the demand, and the other to the legal merits of plaintiff’s *1014right to redress at law, or, in other words, is a denial of plaintiff’s right to the remedy invoked.

The previous experience of the cases in this court disposes of the first defense. The real…

2Cases cited2 opinions

  1. United States v. Emery, Bird, Thayer Realty Co.Supreme Court of the United States · 1915
  2. United States v. GreathouseSupreme Court of the United States · 1897

3Cited by7 opinions

  1. United States v. Chicago Golf ClubCourt of Appeals for the Seventh Circuit · 1936
  2. Munro v. United StatesCourt of Appeals for the Second Circuit · 1937
  3. Wilson v. United StatesDistrict Court, N.D. California · 1965
  4. Bachman, Emmerich & Co. v. United StatesDistrict Court, S.D. New York · 1935
  5. Bennett Day Importing Co. v. United StatesDistrict Court, S.D. New York · 1923

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