Hurd v. Rock Island Bridge Co.

Last updated

Hurd v. Rock Island Bridge Company
Court United States Circuit Court for Northern Illinois (U.S. Circuit Court at Chicago)
DecidedSeptember 8, 1857 (1857-09-08)

Hurd v. Rock Island Bridge Company (1857) is an American civil case that allowed railroads to continue to cross the Mississippi River on bridges, over the protests of steamboat enterprises that requested unfettered access to the channel. One of the lawyers for the rail companies, Abraham Lincoln, earned some degree of fame for his victory, which later led to him becoming the President of the United States.

Contents

Case

America's expansion west, which Lincoln strongly supported, was seen as an economic threat to the river trade, which ran north-to-south, primarily on the Mississippi river. In 1856, a steamboat collided with the Rock Island bridge, built by the Rock Island Railroad, between Rock Island, Illinois, and Davenport, Iowa. [1] It was the first railroad bridge to span the Mississippi. The steamboat owner, Captain John Hurd, filed suit in the U.S. Circuit Court at Chicago for damages and claimed the bridge was a hazard to navigation. [2]

Lincoln was lead counsel in court for the railroad, in a jury trial before the United States Circuit Court for Northern Illinois in Chicago. [2] The trial was presided over by Supreme Court justice John McLean. The jury deadlocked at 9 to 3 in the railroad's favor. [3] Although the case did not reach a final judgment, observers considered the outcome a surprising victory for the railroad. [3] Lincoln's role in the case helped solidify his reputation as a skilled trial attorney. [2]

The legal issues around the Rock Island Bridge were not fully resolved until the United States Supreme Court ruled on a different case, Mississippi and Missouri Railroad Company v. Ward , in 1863. [2] By recognizing the railroad's right to place a bridge across the waterway, the resolution of the matter in the railroad's favor removed a costly impediment to railroad expansion west of the Mississippi.

Related Research Articles

<span class="mw-page-title-main">Mississippi River</span> Major river in the United States

The Mississippi River is the primary river, and second-longest river, of the largest drainage basin in the United States. From its traditional source of Lake Itasca in northern Minnesota, it flows generally south for 2,340 miles (3,766 km) to the Mississippi River Delta in the Gulf of Mexico. With its many tributaries, the Mississippi's watershed drains all or parts of 32 U.S. states and two Canadian provinces between the Rocky and Appalachian mountains. The main stem is entirely within the United States; the total drainage basin is 1,151,000 sq mi (2,980,000 km2), of which only about one percent is in Canada. The Mississippi ranks as the thirteenth-largest river by discharge in the world. The river either borders or passes through the states of Minnesota, Wisconsin, Iowa, Illinois, Missouri, Kentucky, Tennessee, Arkansas, Mississippi, and Louisiana.

<span class="mw-page-title-main">Quad Cities</span> Metropolitan area in the United States

The Quad Cities is a region of cities in the U.S. states of Iowa and Illinois: Davenport and Bettendorf in southeastern Iowa, and Rock Island, Moline and East Moline in northwestern Illinois. These cities are the center of the Quad Cities metropolitan area, a region within the Mississippi River Valley, which as of 2013 had a population estimate of 383,781 and a Combined Statistical Area (CSA) population of 474,937, making it the 90th-largest CSA in the nation.

<span class="mw-page-title-main">Rock Island, Illinois</span> City in Illinois, United States

Rock Island is a city in and the county seat of Rock Island County, Illinois, United States. The original Rock Island, from which the city name is derived, is now called Arsenal Island. The population was 37,108 at the 2020 census. Located on the Mississippi River, it is one of the Quad Cities, along with neighboring Moline, East Moline, and the Iowa cities of Davenport and Bettendorf. The Quad Cities has a population of about 480,000. The city is home to Rock Island Arsenal, the largest government-owned weapons manufacturing arsenal in the US, which employs 6,000 people.

<span class="mw-page-title-main">Chicago, Rock Island and Pacific Railroad</span> Defunct American Class I railway

The original Chicago, Rock Island and Pacific Railroad was an American Class I railroad. It was also known as the Rock Island Line, or, in its final years, The Rock.

<span class="mw-page-title-main">Grand Excursion</span> Promotional voyage by train and steamboat into the Mississippi River valley, USA

The Grand Excursion was a promotional voyage by train and steamboat into the Upper Mississippi River valley, USA that first took place in June 1854. It marked the first railroad connection between the East Coast and the Mississippi River, and it included dignitaries such as former president Millard Fillmore. In 2004, 150 years later, the Grand Excursion route was retraced by both riverboats and a steam locomotive.

<span class="mw-page-title-main">Wheeling Suspension Bridge</span> Bridge in West Virginia, United States

The Wheeling Suspension Bridge is a suspension bridge spanning the main channel of the Ohio River at Wheeling, West Virginia. It was the largest suspension bridge in the world from 1849 until 1851. Charles Ellet Jr. designed it and supervised construction of what became the first bridge to span a major river west of the Appalachian mountains. It linked the eastern and western section of the National Road, and became especially strategically important during the American Civil War. Litigation in the United States Supreme Court concerning its obstruction of the new high steamboat smokestacks eventually cleared the way for other bridges, especially needed by expanding railroads. Because this bridge was designed during the horse-and-buggy era, 2-ton weight limits and vehicle separation requirements applied in later years until it was closed to automobile traffic in September 2019.

<span class="mw-page-title-main">Sidney Breese</span> American judge

Sidney Breese, a lawyer, soldier, author and jurist born in New York, became an early Illinois pioneer and represented the state in the United States Senate as well as served as Chief Justice of the Illinois Supreme Court and Speaker of the Illinois House of Representatives, and has been called "father of the Illinois Central Railroad".

<span class="mw-page-title-main">Early life and career of Abraham Lincoln</span>

Abraham Lincoln was born on February 12, 1809, in a one-room log cabin on the Sinking Spring farm, south of Hodgenville in Hardin County, Kentucky. His siblings were Sarah Lincoln Grigsby and Thomas Lincoln, Jr. After a land title dispute forced the family to leave in 1811, they relocated to Knob Creek farm, eight miles to the north. By 1814, Thomas Lincoln, Abraham's father, had lost most of his land in Kentucky in legal disputes over land titles. In 1816, Thomas and Nancy Lincoln, their nine-year-old daughter Sarah, and seven-year-old Abraham moved to what became Indiana, where they settled in Hurricane Township, Perry County, Indiana.

<span class="mw-page-title-main">Reuben H. Walworth</span> American lawyer and politician

Reuben Hyde Walworth was an American lawyer, jurist and politician. Although nominated three times to the United States Supreme Court by President John Tyler in 1844, the U.S. Senate never attempted a confirmation vote. Known for his simplification of equity law in the United States, Walworth served as a chancery judge in New York for more than three decades, including nearly two decades as Chancellor of New York before a new state constitution abolished that highest statewide judicial office. Walworth also ran unsuccessfully for Governor of New York in 1848, and received a commission from the U.S. Supreme Court in 1850 concerning the Wheeling Suspension Bridge.

<span class="mw-page-title-main">Government Bridge</span> Bridge connecting Rock Island, Illinois and Davenport, Iowa

The Government Bridge or Arsenal Bridge spans the Mississippi River, connecting Rock Island, Illinois and Davenport, Iowa. The Iowa Interstate Railroad uses the upper deck of the bridge for its ex-Chicago and Rock Island Railroad route between Council Bluffs, Iowa and Chicago, Illinois. The lower deck carries automobile traffic between the two cities. It is located near Upper Mississippi Mile Marker 483, adjacent to the Mississippi River Lock and Dam No. 15. The current structure is the fourth at this location. The bridges all were built with a swing section to accommodate traffic navigating the river.

<span class="mw-page-title-main">Clinton Railroad Bridge</span> Bridge in United States of America

The Clinton Railroad Bridge, also called the Chicago and Northwestern Railway Bridge or more simply the Clinton Bridge, is a bridge that carries double tracked rail lines across the Mississippi River between Clinton, Iowa, and Fulton (Albany), Illinois. The bridge is a truss bridge with a swing span crossing the main river channel and is adjacent to the Gateway Bridge. The original bridge was constructed in 1858, and the first train crossed the bridge on January 19, 1860. The bridge was the second railroad crossing over the Mississippi River. In 1870, the bridge was declared a post route, therefore stopping the occupation of steamboats and approval of railroads. From 1859 to 1908, the mileage in operation increased from 28,789 to 229,230, prompting the Chicago and North Western Railway to replace the bridge with a new structure in 1900.

<span class="mw-page-title-main">La Crosse Rail Bridge</span> Bridge in La Crosse, Wisconsin

The La Crosse Rail Bridge is a swing bridge that spans the Mississippi River between La Crescent, Minnesota and La Crosse, Wisconsin. The first bridge in this location initially was designed and ready to build by June 1876, and was completed in November 1876 by the Milwaukee and St. Paul Railway, a predecessor of the Chicago, Milwaukee, St. Paul and Pacific Railroad. It was later replaced in 1902. It is at the Western end of the Canadian Pacific Railway Tomah Subdivision. Amtrak's Empire Builder crosses this bridge.

<span class="mw-page-title-main">Mississippi and Missouri Railroad</span>

The Mississippi and Missouri Railroad was the first railroad in Iowa. It was chartered in 1853 to build a line between Davenport, Iowa, on the Mississippi River and Council Bluffs, Iowa, on the Missouri River. The railroad was the first west of the Mississippi river to join by bridge to the East. It played an important role in the construction of the First transcontinental railroad. The competing Cedar Rapids and Missouri River Railroad actually became the first Iowa railroad to reach Council Bluffs from the Mississippi River. Thomas C. Durant, vice president of the Union Pacific Railroad, owned stock in both.

Davenport, Iowa, was part of the Louisiana Purchase. In 1814, during the War of 1812 the British military, along with the Saux and Fox Indian tribes fought against the Americans near Davenport. In August, Major Zachary Taylor, later President, fought a battle east of what is now Credit Island Park, in Davenport. An outpost was set up at Fort Armstrong and George Davenport and Antoine LeClaire were stationed there.

Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26 (1998), was a United States Supreme Court case in which the Court unanimously held that a district court conducting coordinated pretrial proceedings in multiple cases by designation of the Judicial Panel on Multidistrict Litigation under 28 U.S.C. § 1407(a) has no authority to reassign a transferred case to itself for the actual trial of the case. The Court's decision overturned numerous lower-court decisions upholding what had become a common practice in multi-district cases.

<span class="mw-page-title-main">Robert Cooper Grier</span> US Supreme Court justice from 1846 to 1870

Robert Cooper Grier was an American jurist who served on the Supreme Court of the United States.

<span class="mw-page-title-main">William P. Lyon</span> American politician and Union Army general (1822–1913)

William Penn Lyon was an American lawyer, politician, and judge who served as the 7th Chief Justice of the Wisconsin Supreme Court and the 12th Speaker of the Wisconsin State Assembly. He also served as a Union Army officer in the American Civil War.

United States v. Terminal Railroad Association, 224 U.S. 383 (1912), is the first case in which the United States Supreme Court held it a violation of the antitrust laws to refuse to a competitor access to a facility necessary for entering or remaining in the market. In this case a combination of firms was carrying out the restrictive practice, rather than a single firm, which made the conduct susceptible to challenge under section 1 of the Sherman Act rather than under the heightened standard of section 2 of that act. Even so, the case was brought under both sections.

References

  1. McGinty, Brian. Lincoln's Greatest Case: The River, the Bridge, and the Making of America. United States: Liveright, 2015.
  2. 1 2 3 4 Pfeiffer, David A. (Summer 2004). "The Railroads and Steamboats Clash at the Rock Island Bridge". Prologue Magazine. Vol. 36, no. 2. National Archives. Retrieved March 9, 2020.
  3. 1 2 Ely, James W. Jr. (2005). "Lincoln and the Rock Island Bridge Case" (PDF). Biennial Railroad Symposium 2005: Lincoln and the Railroads. Retrieved March 9, 2020.