Dunsmuir v. Bradshaw

Ninth Circuit

Dunsmuir v. Bradshaw

50 F. 440, 1 C.C.A. 525, 1892 U.S. App. LEXIS 1245

Court of Appeals for the Ninth Circuit·Decided April 19, 1892·Published

Opinion

Gilbert, Circuit Judge.

The principles decided by this court in the case of The Pilot, 50 Fed. Rep. 437, govern the decision of this case. The additional defense that the towing might all have been done upon the American side of the boundary line, and without entering foreign waters, can make no difference with the result. It is not alleged that the foreign waters were entered eollusively, or for the purpose, on the part of the tug, of evading the statute. The decree is reversed, with instructions to sustain the demurrer to the answer and for further proceedings.

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Gilbert, Circuit Judge.

The principles decided by this court in the case of The Pilot, 50 Fed. Rep. 437, govern the decision of this case. The additional defense that the towing might all have been done upon the American side of the boundary line, and without entering foreign waters, can make no difference with the result. It is not alleged that the foreign waters were entered eollusively, or for the purpose, on the part of the tug, of evading the statute. The decree is reversed, with instructions to sustain the demurrer to the answer and for further proceedings.

Dunsmuir v. Bradshaw, 50 F. 440, 1 C.C.A. 525, 1892 U.S. App. LEXIS 1245 (9th Cir. 1892).

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