Legal Opinion

Coleman v. Hudson River Bridge Co.

U.S. Circuit Court for the District of Northern New York

Decided July 17, 1862PublishedCited by 2 opinions

[In equity. Bills by Robert D. Silliman and by Frederick W. Coleman against the Hudson River Bridge Company, at Albany, to restrain the erection of a bridge across the Hudson river at Albany, as authorized by an act of the legislature of the state of New York, April 9, 1S56. [A provisional injunction was granted (Case No. 12,851), but on the final hearing the judges were opposed in opinion (Id. 12,852), and a division was certified to the supreme court in October, 1S59. The…

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[In equity. Bills by Robert D. Silliman and by Frederick W. Coleman against the Hudson River Bridge Company, at Albany, to restrain the erection of a bridge across the Hudson river at Albany, as authorized by an act of the legislature of the state of New York, April 9, 1S56. [A provisional injunction was granted (Case No. 12,851), but on the final hearing the judges were opposed in opinion (Id. 12,852), and a division was certified to the supreme court in October, 1S59. The justices of the supreme court were equally divided on the points certified, and remitted the cases to the circuit court.…

1Opinion of the Court

NELSON, Circuit Justice.

On the hearing -of this case on its merits, in this court, before the two judges, a division of opinion upon the question of jurisdiction occurred (4 Blatchf. 395 [Silliman v. Hudson River Bridge Co., Case No. 12,S52]), which made it necessary, under the act of congress, to certify such division to the supreme court. That court, after argument, were also equally divided in opinion, and, as a consequence, the certificate of division was dismissed, and the cause was remitted to the court below, with directions to proceed therein in conformity to law and the rules and…

2Cases cited1 opinion

  1. Silliman v. Hudson River Bridge Co.U.S. Circuit Court for the District of Northern New York · 1859

3Cited by2 opinions

  1. Minneapolis & St. Louis Railroad v. Peoria & Pekin Union Railway Co.Supreme Court of the United States · 1926
  2. MINNEAPOLIS RR v. Peoria Ry.Supreme Court of the United States · 1926

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