Gilman v. Philadelphia
Supreme Court of the United States
The Constitution gives to Congress power to “regulate commerce between tbe States;” and this case was one relating to the respective jurisdiction of a State and of the United States over tide and navigable waters.
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The Constitution gives to Congress power to “regulate commerce between tbe States;” and this case was one relating to the respective jurisdiction of a State and of the United States over tide and navigable waters. The case was thus: The city of Philadelphia, as originally laid out by Mr. Penn, was situated betiveen the Delaware and Schuylkill Rivers; the former a wide river, on the east of the city; the latter a small and narrow stream, on the west, which, making a curve below the city, falls into the far larger water, about six miles below the town. This river Schuylkill is tidal from its…
1Opinion of the CourtJustice Swayne
delivered the opinion of the court.‡
There is no contest between the parties about the facts upon which they respectively rely.
The complainants' are citizens of other States, and own a valuable and productive wharf and dock property above the site of the contemplated bridge. The river is navigable there for vessels drawing from eighteen to twenty feet of water. Commerce has been carried on in all kinds of vessels for many years to and from the complainants’ property. The bridge will not be more than thirty feet above the ordinary high-water surface of the river, and hence will prevent the…
2Cases cited6 opinions
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- People v. Rensselaer & Saratoga Rail RoadNew York Supreme Court · 1836
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3Cited by283 opinions
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- The Minnesota Rate CasesSupreme Court of the United States · 1913
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