United States v. The Sadie
U.S. Circuit Court for the District of Southern New York
Appeal from a Decree of the District Court sustaining exceptions to and dismissing a libel filed under act of June 29, 1888. On June 29, 1888, congress passed an act entitled “An act to prevent obstructive and injurious deposits within the harbor and adjacent waters of New York city, by dumping or otherwise, and to punish and prevent such offenses. ” The first section thereof provides as follows: “The placing, discharging, or depositing, by any process or in any manner, of…
Read the full summary
Appeal from a Decree of the District Court sustaining exceptions to and dismissing a libel filed under act of June 29, 1888. On June 29, 1888, congress passed an act entitled “An act to prevent obstructive and injurious deposits within the harbor and adjacent waters of New York city, by dumping or otherwise, and to punish and prevent such offenses. ” The first section thereof provides as follows: “The placing, discharging, or depositing, by any process or in any manner, of refuse, dirt, ashes, cinders, mud, sand, dredgings, sludge acid, or any other matter of any kind, other than that flowing…
1Opinion of the Court
Lacombe, J.,
(after t stating the facts as above.) But a single offense was committed by the tug, and there can be recovered, if at all, but one penalty therefor. It will be unnecessary to consider, therefore, any count or cause of action other than the one set out under the first section. If the vessel cannot be found in fault under the broad language of this section, it certainly cannot be so held under any of the others; and, if a violation of the first section can be shown, the penalty will be enforceable, and no inquiry into any alleged violation of the other sections will be necessary or…
2Cases cited1 opinion
- United States v. Union Pacific RailroadSupreme Court of the United States · 1875
3Cited by2 opinions
- United States v. Various Tugs & ScowsDistrict Court, S.D. New York · 1915
- Erskine v. Nelson CountyNorth Dakota Supreme Court · 1893