Monongahela & W. Dredging Co. v. Jones & Laughlins Steel Co.

BUFFINGTON, District Judge.

In this case a new trial is urged on the ground that binding instructions should have been given for the defendant. After .careful consideration we are firmly of opinion the court was justified in refusing to take the case from the jury. The suit was brought by a dredging company to recover for removing slag from the bank and dredging it from the bed of the Monongahela river. This slag had been run there by the defendant company. Part of it served to form a solid bank and part ran into the stream. On the bank thus formed the defendant had built coke ovens. The…