Legal Opinion

Tempel v. United States

Supreme Court of the United States

Decided December 9, 1918No. 29PublishedCited by 133 opinions

ERROR TO THE DISTRICT COURT OP THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The case is stated in the opinion. . A riparian owner may maintain his bank in its original., condition, or restore it. , Prescription seems to be the test of determining whether the owner loses his right to compensation.

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ERROR TO THE DISTRICT COURT OP THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The case is stated in the opinion. . A riparian owner may maintain his bank in its original., condition, or restore it. , Prescription seems to be the test of determining whether the owner loses his right to compensation. " . The public has no proprietorship in soil under small streams, which are navigable only in a modified sense, for the floatage of logs and lumber, as it has under navigable waters at common law', where the tide ebbs and flows. The statute of limitations does not run against the land-.…

1Opinion of the Court

Mr. Justice Brandéis

delivered the., opinion of the court.

The Chicago River, its branches and forks lie wholly within the State of Illinois. 1 Their aggregate length is about 35 miles. Originally the stream was a sluggish, creek, nearly stagnant during much of the year and, in part, navigable only for row boats and canoes or for floating of. logs. The United States surveyed the river in 1837, but made no improvement above its mouth until 1896. Before the latter date, however, extensive improvements had been made from time to time by the city and by riparian owners. The river had become the…

2Cases cited16 opinions

  1. Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
  2. United States v. Chandler-Dunbar Water Power Co.Supreme Court of the United States · 1913
  3. United States v. CressSupreme Court of the United States · 1917
  4. Transportation Co. v. ChicagoSupreme Court of the United States · 1879
  5. United States v. LynahSupreme Court of the United States · 1903

11 more not listed; retrieve them via the Exa API.

3Cited by133 opinions

  1. United States v. DickinsonSupreme Court of the United States · 1947
  2. Yearsley v. W. A. Ross Construction Co.Supreme Court of the United States · 1940
  3. Baltimore & Ohio Railroad v. United StatesSupreme Court of the United States · 1923
  4. National Mutual Insurance v. Tidewater Transfer Co.Supreme Court of the United States · 1949
  5. Merritt v. United StatesSupreme Court of the United States · 1925

128 more not listed; retrieve them via the Exa API.

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