Greenleaf-Johnson Lumber Co. v. Garrison
Decision Date | 17 November 1913 |
Citation | 208 F. 1022 |
Parties | GREENLEAF-JOHNSON LUMBER CO. v. GARRISON, Secretary of War, et al. |
Court | U.S. Court of Appeals — Fourth Circuit |
L. D Starke and J. L. Jeffries, both of Norfolk, Va., for complainant.
D Lawrence Groner, U.S. Atty., of Norfolk, Va., and Hiram M Smith, Asst. U.S. atty., of Richmond, Va., for defendant Secretary of War.
This cause is now before the court upon the bill and answer, the demurrer having been overruled, upon the proofs orally adduced, with the arguments of counsel thereon, whereupon, it appearing to the court that the case now made is different from that admitted by the pleadings at the hearing on the demurrer, in this: (a) That a doubt is raised as to whether or not the complainant's wharves were placed out into the navigable waters of the Elizabeth river, as at present pursuant to lawful state authority; and (b) that the character, location, and extent of the so-called log pond is set forth more in detail, and made plainer in the testimony. The conclusions reached are:
(1) That it is fairly inferable from all the testimony that the wharves and piers of the complainant, in the waters of the Elizabeth river, were erected in their present location pursuant to lawful authority, and that there is therefore no reason for changing or modifying the views heretofore expressed as respects this phase of the case. See 204 F. 489, 494, where it is said:
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