United States v. Wishkah Boom Co.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of thé United States for the Northern Division of the District of Washington. On May 3, 1901, the appellant filed its bill in equity against the appellee to enjoin obstruction to the navigation of the Wishkah river.
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Appeal from the Circuit Court of thé United States for the Northern Division of the District of Washington. On May 3, 1901, the appellant filed its bill in equity against the appellee to enjoin obstruction to the navigation of the Wishkah river. The bill alleged that the Wishkah river is a navigable stream of the United States, and of the district of Washington, which empties into the Chehalis river and Grays Harbor; that its waters are navigable for small steamboats and other craft from its mouth to a distance of 16 miles or more toward its source j that it is used largely for “floating logs…
1Opinion of the CourtGilbert, Circuit Judge
It is contended that the demurrer to the bill for want of equity should have been sustained, for the reason that it failed to set forth facts showing an actual use of the river in navigation. The bill alleges that the river is a navigable stream — navigable for small steamboats; that it is *45the only practicable highway for the residents along its upper waters to Aberdeen and other markets on Grays Harbor; and that it is used largely for floating logs and foreign products to market. The floating of foreign products to market could only be accomplished in some kind of water craft, and these…
2Cases cited5 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- The Daniel BallSupreme Court of the United States · 1871
- The Robert W. ParsonsSupreme Court of the United States · 1903
- Leovy v. United StatesSupreme Court of the United States · 1900
- United States v. Bellingham Bay Boom Co.Supreme Court of the United States · 1900
3Cited by6 opinions
- In Re Eastern Transp. Co.District Court, D. Maryland · 1952
- United States v. Edward J. Wilson, Frank Lorenz, and Gordon Miller, Doing Business as Ludlow Marine BasinCourt of Appeals for the Second Circuit · 1956
- Pacific Inter-Club Yacht Association v. MorrisDistrict Court, N.D. California · 1960
- United States v. Kennebec Log Driving CompanyCourt of Appeals for the First Circuit · 1973
- United States v. Benton and Company, Inc.District Court, M.D. Florida · 1972
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