Sands v. Manistee River Improvement Co.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. The plaintiff below was a corporation organized under a statute of Michigan for the improvement of Manistee River, a stream wholly within that State. The present action was brought to collect from the defendant the amount of tolls levied for the use, in the years 1878, 1879, 1880, and 1881, of the river as improved.
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ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. The plaintiff below was a corporation organized under a statute of Michigan for the improvement of Manistee River, a stream wholly within that State. The present action was brought to collect from the defendant the amount of tolls levied for the use, in the years 1878, 1879, 1880, and 1881, of the river as improved. The improvements consisted in the removal of obstacles to the floating of logs and lumber down the stream, principally by cutting new channels at different points, and by confining the waters at other points by embankments. The…
1Opinion of the CourtJustice Field
The plaintiff in error, the defendant below, misapprehends the purport of the provision that no .State shall deprive one of property without due process of law, when he considers the exaction of tolls under a statute for the use of an improved waterway as a deprivation of property within its meaning. There is no taking of property from him by such exaction within the prohibition, any more than there is a taking of property from a traveller, in requiring him to pay for his lodgings in a public inn. There is in such a transaction only an exchange of money for its supposed equivalent. The tolls…
2Cases cited6 opinions
- Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
- County of Mobile v. KimballSupreme Court of the United States · 1881
- Van Brocklin v. TennesseeSupreme Court of the United States · 1886
- Escanaba Co. v. ChicagoSupreme Court of the United States · 1883
- Huse v. GloverSupreme Court of the United States · 1886
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3Cited by90 opinions
- The Minnesota Rate CasesSupreme Court of the United States · 1913
- Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
- South Carolina State Highway Department v. Barnwell Bros.Supreme Court of the United States · 1938
- SC Hwy. Dept. v. Barnwell Bros.Supreme Court of the United States · 1938
- Simpson v. ShepardSupreme Court of the United States · 1913
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