RESPONDENT: Black Bird Creek Marsh Company
DOCKET NO.: None
DECIDED BY: Marshall Court (1828-1829)
ARGUED: Mar 17, 1829
DECIDED: Mar 20, 1829
Facts of the case
The state of Delaware authorized the Blackbird Creek Marsh Company to construct a dam spanning the Blackbird Creek. Willson, the licensed owner of a sailing vessel, was travelling on the Creek and broke through the dam. The Company successfully sued Willson for trespassing and obtained a court order for Willson to pay damages. Willson then brought the case to the Supreme Court.
Did Delaware's authorization of the building of the dam unconstitutionally infringe upon Congress's powers under the Commerce Clause?