Lownsdale v. Gray's Harbor Boom Co.

Citations

• 117 F. 983
• 1902 U.S. App. LEXIS 5164

Syllabus

<p>1. Federal Courts—Pleading Jurisdictional Facts.</p> <p>The facts essential to give a federal court jurisdiction must be positively alleged, and not left to inference. An allegation' in a bill that defendant “claims to be” a corporation organized under the laws of a state as a boom company, coupled with a denial that it has the rights of such a company, is not a sufficient allegation that defendant is a citizen of such state for jurisdictional purposes.</p> <p>2. Equity Jurisdiction—Protection of Rights in Lands — Disputed Title.</p> <p>A federal court of equity is without jurisdiction of a suit to enjoin a boom company from obstructing a navigable stream by maintaining a log boom therein, and from continuing to occupy the boom site which plaintiff claims to own as an appurtenance to lands lying on the stream, where defendant denies plaintiff’s title to the lands, and also that the boom site is an appurtenance thereto, and claims ownership of the same through purchase of the bed of the stream from the state as tide lands, and the right to maintain the boom by virtue of its franchise under the laws of the state. In such case plaintiff’s right to relief depends upon his title, which, being disputed, must be established by an action at law before a court of equity will grant an injunction to protect his rights, or to interfere with thé use by defendant of property of which it is in possession.</p> <p>8. Same—Abatement of Public Nuisance.</p> <p>A court of equity will not entertain a suit by a private individual to abate a public nuisance consisting of an alleged unlawful obstruction of a navigable stream, where the only special injury claimed by plaintiff is incidental to his ownership of land on the stream, which he does not occupy, and his title to which is disputed.</p>