Pacific Coast Co. v. McCloskey
District Court, D. Alaska
On May 21, 1905, James McCloskey, with a gang of workmen, entered upon the tide lands in front of blocks O, P, and Q of the city of Juneau, and proceeded to drive piles thereon. This plaintiff, claiming these tide lands by virtue of the own- - ership of the abutting uplands, immediately instituted this suit to enjoin defendant from the further prosecution of the work begun by him. 'A temporary restraining order was granted.
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On May 21, 1905, James McCloskey, with a gang of workmen, entered upon the tide lands in front of blocks O, P, and Q of the city of Juneau, and proceeded to drive piles thereon. This plaintiff, claiming these tide lands by virtue of the own- - ership of the abutting uplands, immediately instituted this suit to enjoin defendant from the further prosecution of the work begun by him. 'A temporary restraining order was granted. The issues were joined, and on June 12, 1905, the cause was tried, principally upon affidavits and documentary evidence, though a few witnesses were examined. The…
1Opinion of the Court
GUNNISON, District Judge.
This is a suit in equity, involving a right, as between the parties hereto, to occupy certain tide lands of Gastineau Channel in front of blocks O, P, and part of block Q of the Juneau townsite. The plaintiff contends for the right in itself by virtue of certain mesne conveyances of blocks O, P, and Q, which it asserts abut upon the tide lands in question. The defendant’s position is, briefly, that no littoral rights exist in Alaska, and that, even if there are such rights, the plaintiff has none in this property, for the reasons, first, these blocks do not abut, the…
2Cases cited13 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Weber v. Board of Harbor CommissionersSupreme Court of the United States · 1873
- Irwin v. DixionSupreme Court of the United States · 1850
- Morris v. United StatesSupreme Court of the United States · 1899
- Lowndes v. HuntingtonSupreme Court of the United States · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Thompson v. PeltonDistrict Court, D. Alaska · 1912