Samuel Nelson

“ Whether or not the defendant is entitled to a decree dismissing the bill, on the ground that the complainant has an adequate remedy at law for all injury he may sustain by reason of the erection of the said bridge, should the same be erected as proposed. ”

“ The rights and interests of both parties call for such a disposition of the cases here; for, as the judges of the court below were divided in opinion upon the question of jurisdiction, when the cases go down, as they must, for final disposition in that court, the bills in the two cases, according to the established rule of proceeding, under the circumstances stated, are to be dismissed, and a decree to that effect entered, so that the parties aggrieved may, if they think proper, bring up the questions on appeal for review from the final decree. ”

“ Second. Whether or not the evidence in this case shows that the bridge in controversy will, if erected, constitute a material obstruction and impediment to the navigation of the Hudson river for the vessels of the plaintiff, mentioned in the pleadings and proofs. ”