Willson v. Black Bird Creek Marsh Co.

2 PET. (27 U.S.) 245 (1829)

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Nature of the Case

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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.