Atlantic Dredging Co. v. Bergen Neck Ry. Co.

44 F. 208, 1890 U.S. App. LEXIS 1837

Opinion

Lacombe, Circuit Judge.

I am not satisfied that this court, sitting in the southern district of New York, has jurisdiction of this action, which is concerned with structures in process of erection on the soil of New Jersey, although such structures may project into the waters of a navigable channel coming up from the Bay of New York. People v. Railroad, 42 N. Y. 283; In re Devoe Manuf’g Co., 108 U. S. 401, 2 Sup. Ct. Rep. 894.

Let the temporary stay be vacated.