Legal Opinion

Tyler v. Wilkinson

U.S. Circuit Court for the District of Rhode Island

Decided June 15, 1827PublishedCited by 69 opinions

Bill in equity [by Ebenezer I^ler and others against Abraham Wilkinson and others] to establish the right of the plaintiffs to a prior- • ity of use of the waters of Pawtucket river, Ac. The cause was argued at great length, by Whipple and Webster, for plaintiffs, and by Cozzens and Searle, for defendants, at the last November term, and continued for advisement to this term when the following opinion was delivered.

1Opinion of the Court

STORY, Circuit Justice.

This is a very important case, complicated in facts, and voluminous in testimony. It will not, however, be necessary to go over the details of the proofs, or even of the arguments, urged at the bar, further than may serve to explain the opinion of the court, and give a clear understanding of the points in controversy.

The river Pawtucket forms a boundary line between the states of Massachusetts and Rhode Island, in that part of its course where it separates the town of North Providence from the town of Seekonk. It is a fresh water river, above the lower falls between…

2Cases cited4 opinions

  1. Palmer v. MulliganNew York Supreme Court · 1805
  2. Ingraham v. HutchinsonSupreme Court of Connecticut · 1818
  3. Platt v. Johnson & RootNew York Supreme Court · 1818
  4. Merritt v. BrinkerhoffNew York Supreme Court · 1820

3Cited by69 opinions

  1. United States v. CressSupreme Court of the United States · 1917
  2. Smith v. . City of RochesterNew York Court of Appeals · 1883
  3. Parker & Edgarton v. FooteNew York Supreme Court · 1838
  4. Ppl Montana, LLC v. MontanaSupreme Court of the United States · 2012
  5. Strobel v. . Kerr Salt Co.New York Court of Appeals · 1900

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