Explore BrainMass

Wilson versus Black-Bird Creek Marsh

These areas are covered briefly:

1) explanation of the case

2) The constitutional issue that was associated to the case

3) How did the court decide its verdict

4) What reasons did the court use

Solution Preview

Please allow my notes to offer some help:

1. As you assess the factual background, you might note that the case was sent to court because the Black Bird Creek Marsh Company was authorized to build a dam on Black Bird Creek in the state of Delaware. The dam aimed to control the flow of the tide water. Its goal was to enrich the adjacent land. However, please note that after the company built the dam, its construction allegedly impeded the navigation of the creek. When you look at Willson's role, he was the owner of Sally, a licensed sloop. When Sally struck the dam and caused considerable damage, The Black Bird Creek Marsh Company sought action against Willson and requested compensation. On the other hand, you might note that Willson claimed that the state of Delaware violated the Commerce Clause in its authorization to construct a dam on a navigable stream.

2. As you look at the issue addressed, you might note that it ...

Solution Summary

This posting overviews the case.