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MISSISSIPPI AND MISSOURI RAILROAD COMPANY v. WARD

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67 U.S. 485 (1863)

2 Black 485

17 L.Ed. 311

MISSISSIPPI AND MISSOURI RAILROAD COMPANY, vs. WARD.

Supreme Court of United States.

January 30, 1863.

Attorney(s) appearing for the Case

Mr. Cook, of Illinois, and Mr. Reverdy Johnson, of Maryland, for Appellants.

Mr. Lincoln, of Ohio, for Appellee.

Mr. Justice 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 does not stand in a position to maintain this suit.

Ward was part owner of three steamboats — and commander of one of them —...

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