Mississippi & Missouri Railroad v. Ward
Supreme Court of the United States
Appeal from the District Court of the United States for the District of Iowa.' On the 7th of May, 1858, James Ward filed his bill in the District Court, praying. 'for an abatement of the Rock Island Bridge over the Mississippi river, averring it to be a public nuisance, specially injurious to him as an owner and navigator of steamboats to and from St. Louis, Missouri, to St. Paul, Min nesota.
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Appeal from the District Court of the United States for the District of Iowa.' On the 7th of May, 1858, James Ward filed his bill in the District Court, praying. 'for an abatement of the Rock Island Bridge over the Mississippi river, averring it to be a public nuisance, specially injurious to him as an owner and navigator of steamboats to and from St. Louis, Missouri, to St. Paul, Min nesota. The bill alleged that the Mississippi river is a navigable stream, the boundary line, in whole or in part, of ten States; that it is used as a channel of commerce and navigated by boats, vessels, rafts,…
1Opinion of the CourtJustice Catron
James Ward charges the Mississippi and Missouri Railroad Company with having created a nuisance by erecting a bridge across the Mississippi river at Rock Island, and prays that the nuisance may be abated.
The respondent resists the relief prayed, on the ground, among others, that the complainant docs not stand in a position to maintain this suit.
Ward was part owner of three steamboats — and commander of one of them — navigating the river in successive trips between St. Louis and St. Paul; and which boats, the complainant alleges, were much injured and delayed by the bridge, which he avers is a…
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