Northern Pac. Ry. Co. v. United States
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of North Dakota. The United States of America exhibited its bill in the United States circuit court for the district of North Dakota against the Northern Pacific Kailway Company, the appellant, to restrain it from creating an obstruction in the channel of the Red River of the North opposite the city of Grand Forks, in the state of North Dakota.
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Appeal from the Circuit Court of the United States for the District of North Dakota. The United States of America exhibited its bill in the United States circuit court for the district of North Dakota against the Northern Pacific Kailway Company, the appellant, to restrain it from creating an obstruction in the channel of the Red River of the North opposite the city of Grand Forks, in the state of North Dakota. At the place in question the Red River is navigable, and constitutes a part of the navigable waters of the United States, for the improvement of which money has been appropriated by…
1Opinion of the CourtThayer, Circuit Judge
It is contended in behalf of the defendant company that the facts above recited do not disclose an actionable wrong on account of *693which relief cun be afforded under a bill filed by the United States. The principal reasons-assigned in support of this contention may be stated briefly as follows: It is said that the existence of the bar in the Red River opposite the city of Grand Forks is not the immediate and direct result of any act done or performed by the defendant company, but is the indirect, consequential, and unforeseen result of placing additional weight upon its right of way; and that…
2Cases cited3 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Chicago G. W. Ry. Co. v. First Methodist Episcopal Church of Leavenworth CityCourt of Appeals for the Eighth Circuit · 1900
- Costigan v. Pennsylvania RailroadSupreme Court of New Jersey · 1892
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- Maxon v. Chicago & N. W. Ry. Co.District Court, E.D. Wisconsin · 1903
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