Greenleaf Johnson Lumber Co. v. United States
District Court, E.D. Virginia
In Equity. Suit by the Greeuleaf Johnson Lumber Company against the United States. On application by defendant for a mandatory injunction. The complainant, Greeuleaf Johnson Lumber Company, is the owner in fee-of certain property bordering on the Southern branch of the Elizabeth river, opposite the government navy yard at Norfolk, Va.
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In Equity. Suit by the Greeuleaf Johnson Lumber Company against the United States. On application by defendant for a mandatory injunction. The complainant, Greeuleaf Johnson Lumber Company, is the owner in fee-of certain property bordering on the Southern branch of the Elizabeth river, opposite the government navy yard at Norfolk, Va. It is engaged in tin; manufacture and sale of lumber, and in the conduct of its business erected many years ago, in front of its highland, extending out into the river, a wharf and fill; the former being used for the shipment of the product of its mills, and the…
1Opinion of the CourtWaddill, District Judge
(after stating the facts as above). Several incidental questions arise upon the pleadings, which will be considered before passing to the merits, namely, the rights of riparian owners under the laws of Virginia in lands bordering on streams and under the waters thereof to the line of navigability, the ownership of the submerged lands, the rights of the federal government respecting' the waters in question, and the status of the riparian owner as respects land below low-water mark.
[1,2] The following may be conceded as the settled law in Virginia regarding these matters, recognized and…
2Cases cited37 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Shively v. BowlbySupreme Court of the United States · 1894
- Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
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3Cited by3 opinions
- Gray v. Reclamation District No. 1500California Supreme Court · 1917
- Ryan v. Chicago, B. & QR Co.Court of Appeals for the Seventh Circuit · 1932
- Greenleaf-Johnson Lumber Co. v. GarrisonDistrict Court, E.D. Virginia · 1913