Corrigan Transit Co. v. Sanitary Dist.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for’ the Northern Division of the Northern District of Illinois. Appellants’ libel alleged: (1) That libelants were interested, some as owners and some in other ways, in the barge Algeria.
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Appeal from the District Court of the United States for’ the Northern Division of the Northern District of Illinois. Appellants’ libel alleged: (1) That libelants were interested, some as owners and some in other ways, in the barge Algeria. (2) .That the defendant was a municipal corporation organized under the laws of Illinois. - (3) That , prior to October 4,1900, the defendant had constructed a canal-from a. point in Chicago to Lockport, 111., and had connected the South Branch of the Chicago river with the canal so as to produce a current in the river by the flow of water from Lake…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts). 1. The libel exhibits this theory of recovery: Defendant, though an instrumentality of the state, could not lawfully alter the course of the river without the consent of the Secretary of War. In obtaining that consent defendant made a promise, which inured to the benefit of libelants, that it would pay' all damages occasioned by the change. The change created a current which naturally would (and in libelants’ case actually did) require more time and more expense in moving barges than formerly. Therefore defendant must pay. The permit does not contain a promise by…
2Cases cited9 opinions
- Field v. ClarkSupreme Court of the United States · 1892
- Buttfield v. StranahanSupreme Court of the United States · 1904
- Escanaba Co. v. ChicagoSupreme Court of the United States · 1883
- Lake Shore & Michigan Southern Railway Co. v. OhioSupreme Court of the United States · 1899
- Willamette Iron Bridge Co. v. HatchSupreme Court of the United States · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Freigy v. Gargaro Company, Inc.Indiana Supreme Court · 1945
- Schisel v. MarvillSupreme Court of Iowa · 1924
- New York Central Railroad Co. v. General Motors Corp.District Court, N.D. Ohio · 1960
- Louisville Hydro-Electric Co. v. CoburnCourt of Appeals of Kentucky (pre-1976) · 1937
- Brotherton v. Merritt-Chapman & Scott CorpCourt of Appeals for the Second Circuit · 1954
6 more not listed; retrieve them via the Exa API.