Cleveland Past and Present: Its Representative Men: Comprising Biographical Sketches of Pioneer Settlers and Prominent Citizens
History
Cleveland Past and Present: Its Representative Men: Comprising Biographical Sketches of Pioneer Settlers and Prominent Citizens
Cleveland (Ohio) -- Biography; Cleveland (Ohio) -- History
citing precedents of the English and American courts for several
centuries to show that the action was legal.
A very noticeable case was what is known in the legal history of
Cleveland as "The Bridge Case," in which Charles Avery sued the city of
Cleveland, to prevent the construction of a bridge across the Cuyahoga,
at the foot of Lighthouse street. The questions arising were: the
legislative authority of the city to bridge the river, and whether the
bridge would be a nuisance, damaging the complainant's private property.
The decision of Judge Willson, granting a preliminary injunction until
further evidence could be taken, was a thorough review of the law
relating to water highways and their obstructions. In the opinion on the
Parker water-wheel case, he exhibited a clear knowledge of mechanics, and
gave an exhaustive exposition of the law of patents. In the case of Hoag
_vs_ the propeller Cataract, the law of collision was set forth and
numerous precedents cited. In 1860, important decisions were given in
respect to the extent of United States jurisdiction on the Western lakes
and rivers. It was decided, and the decisions supported by voluminous
precedents, that the admiralty and maritime jurisdiction possessed by the
District Courts of the United States, on the Western lakes and rivers,
under the Constitution and Act of 1789, was independent of the Act of
1845, and unaffected thereby; and also that the District Courts of the
United States, having under the Constitution and Acts of Congress,
exclusive original cognizance of all civil causes of admiralty and
maritime jurisdiction, the Courts of Common Law are precluded from
proceeding _in rem_ to enforce such maritime claims.
These are but a very few of the many important cases coming before Judge
Willson's court and decided by him in a manner that made his decisions
important precedents.
Public-domain text, read in full here on John Shaqi.
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