Legal Opinion

Louisville Bridge Co. v. United States

Supreme Court of the United States

Decided January 8, 1917No. 540PublishedCited by 48 opinions

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF KENTUCKY. The case is stated in the opinion. The power of Congress to- regulate bridges is derived solely from the commerce clause, Bridge Company v. United States, 105 U. S. 475, 489; it is subject to the limitation of the Fifth Amendment that private property shall not be taken without compensation.

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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF KENTUCKY. The case is stated in the opinion. The power of Congress to- regulate bridges is derived solely from the commerce clause, Bridge Company v. United States, 105 U. S. 475, 489; it is subject to the limitation of the Fifth Amendment that private property shall not be taken without compensation. Monongahela Navigation Co. v. United States, 148 U. S. 312, 366. The bridge in question was constructéd under an irrevocable franchise. The Acts of 1862 and 1865 contain no reservation of the right to alter or amend,…

1Opinion of the CourtJustice Pitney

Appellant is the owner of a bridge across the Ohio River at Louisville, Kentucky, known as the “Ohio Falls Bridge,” which was built under an act of Congress approved February 17, 1865, e. 38, 13 Stat. 431, supplementary to an act approved July 14, 1862, c. 167, 12 Stat. 569. The 1862 Act as amended allowed the bridge to be built under one of several plans detailed, and with a prescribed minimum width for spans and a minimum clearance height above the water. This act, in its fifth section, declared “That any bridge or bridges erected under the provisions of this act shall be lawful structures,…

2Cases cited11 opinions

  1. Boyd's Lessee v. GravesSupreme Court of the United States · 1819
  2. Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
  3. Union Bridge Co. v. United StatesSupreme Court of the United States · 1907
  4. Greenwood v. Freight Co.Supreme Court of the United States · 1882
  5. Spring Valley Water Works v. SchottlerSupreme Court of the United States · 1884

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3Cited by48 opinions

  1. Sanitary District of Chicago v. United StatesSupreme Court of the United States · 1925
  2. Wisconsin v. IllinoisSupreme Court of the United States · 1929
  3. Oil States Energy Services, LLC v. Greene's Energy Group, LLCSupreme Court of the United States · 2018
  4. Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
  5. Osborne v. United StatesCourt of Appeals for the Ninth Circuit · 1944

43 more not listed; retrieve them via the Exa API.

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