Mississippi River Bridge Co. v. Lonergan

Citations

• 91 Ill. 508

Syllabus

<p>1. Perry franchise across navigable river—paramount authority of Congress to erect bridges and provide for improving the navigation. The legislature of the State, in granting a charter for a ferry across the Mississippi river, can not give the grantee any right which will hinder or in any manner obstruct the free navigation of the river, or impede the commerce of the country along or across the river.</p> <p>2. Where a bridge was built across the Mississippi river, and a dike constructed, under and in pursuance of an act of Congress, the bridge connecting two great thoroughfares by rail and promoting the commercial interests of the country, and the dike improving the navigation of the river by throwing more water into the main channel, it was held, that the owner of a ferry franchise could not recover damages against the bridge company for any injury he might sustain in consequence of the making of the dike preventing him, at times, from landing his ferry on certain lands used by him for a landing.</p> <p>3. A party receiving a grant of a ferry privilege across a navigable river, accepts the right to cross the stream and land on its banks with the implied understanding that Congress may, at any time when the public good and the commercial interests of the country require it, in the exercise of the power to regulate commerce, authorize a bridge to be erected and dikes to be placed in the river to change the current, and thus facilitate the navigation of the river; and although the owner of the ferry franchise may be somewhat damaged in his franchise by the exercise of this power, he can maintain no action to recover such damages.</p> <p>4. Time—<o enable one to recover for injury to land. Where a person sues for an injury to land of which he alleges he is owner, proof of the averment of ownership is essential to his right of recovery.</p> <p>5. Same—in respect to injury to ferry franchise. A ferry franchise being an incorporeal hereditament, the legal title can on