Legal Opinion

The Montello

Supreme Court of the United States

Decided November 23, 1874No. 30PublishedCited by 235 opinions

Appeal from the Circuit Court for the Eastern District of Wisconsin. In the southern part of the State of Wisconsin, about a mile and a half east of Portage City, and at a' point about equidistant from the eastern and western boundaries of the State, rises the Fox River.

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Appeal from the Circuit Court for the Eastern District of Wisconsin. In the southern part of the State of Wisconsin, about a mile and a half east of Portage City, and at a' point about equidistant from the eastern and western boundaries of the State, rises the Fox River. The stream flows in a northeasterly direction, through Lake Winnebago into- Green Bay, thence into Lake Michigan, so connecting through that lake and lakes Huron, Erie, and Ontario with the river St. Lawrence, and other great waters having their hydiographic basin on the Atlantic coast, and discharging themselves into the…

1Opinion of the CourtJustice Davis

This court held in the case of The Daniel Ball, * that'those rivers' must be regarded as public, navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used,, or are susceptible of being used, in their ordinary condition,-as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water. And a river is a navigable water of the United States when it forms by itself, or by its connection with other waters, a continued highway over which commerce is, or may be, carried with other States or…

2Cases cited1 opinion

  1. Jolly v. Terre Haute Drawbridge Co.U.S. Circuit Court for the District of Indiana · 1853

3Cited by235 opinions

  1. Kaiser Aetna v. United StatesSupreme Court of the United States · 1979
  2. United States v. Appalachian Electric Power Co.Supreme Court of the United States · 1941
  3. Donnelly v. United StatesSupreme Court of the United States · 1913
  4. United States v. CressSupreme Court of the United States · 1917
  5. Manigault v. SpringsSupreme Court of the United States · 1905

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