Royal Indemnity Co. v. Independence Indemnity Co.

DIETRICH, Circuit Judge.

Upon sustaining a demurrer to plaintiff’s complaint, the court below entered a judgment of dismissal, from which the plaintiff appeals.

From the complaint and exhibits attached thereto it appears that in districts designated as Nos. 1, 2, 3, 4, and 5, the city of Reeds-port, Or., projected certain street improve*44ments, involving, among other things, the making of fills. At the same time the port of Umpqua was desirous of having deepened a section of the Umpqua river channel, and' as suitable equipment for such work it was the owner of a suction dredge, derrick, scow, and…