The Geneva
District Court, W.D. Pennsylvania
In Admiralty.
1Opinion of the CourtAcheson, J.
The borough of Elizabeth claims the right to charge wharfage — First, under legislative authority; and, secondly, by virtue of riparian proprietorship. Let us briefly examine the grounds of the claim in the order stated.
1. It is not pretended that the borough charter confers any express authority to construct a wharf and exact tolls or wharfage for its *875use. Implied authority is all that is asserted, and this must be derived either from the powers granted in respect to highways or the general power to enact laws for the government of the borough. The original act of incorporation authorized…
2Cases cited8 opinions
- Cannon v. New OrleansSupreme Court of the United States · 1874
- Perrine v. Chesapeake & Delaware Canal Co.Supreme Court of the United States · 1850
- Snyder v. President of RockportIndiana Supreme Court · 1855
- People ex rel. Bd. of State Harbor Comm'rs v. Broadway Wharf Co.California Supreme Court · 1866
- Murphy v. City Council of MontgomerySupreme Court of Alabama · 1847
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3Cited by3 opinions
- Chlopeck Fish Co. v. City of SeattleWashington Supreme Court · 1911
- City of Chester v. HaganDistrict Court, E.D. Pennsylvania · 1902
- Conradt v. MillerDistrict Court, D. Alaska · 1905