WILLSON V. BLACK BIRD CREEK MARSH CO.
2 PET. (27 U.S.) 245 (1829)
NATURE OF THE CASE: This is an appeal of state courts' decision in favor of an award of
damages.
FACTS: The creek involved in the case is one of many, passing through a deep level marsh
adjoining the Delaware River, up which the tide flows for some distance. The value of the
property on its banks would be enhanced by excluding the water from the marsh, and the
health of the inhabitants probably improved. The Company, Black Bird (D), was authorized by
a Delaware law to build a dam in the creek--which flowed into the Delaware River--and also
to 'bank' the adjoining 'marsh and low ground.' The dam obstructed navigation of the creek.
Willson (P) and others were owners of a sloop licensed under the federal navigation laws.
The sloop 'broke and injured' D's dam in order to pass through the creek. D successfully
sued for damages; the state courts rejected P's defense that the law authorizing the dam
violated the commerce clause.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment