POS2041 Lecture Notes - Lecture 28: Warren Bridge
17 Aug 2020
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Proprietors of charles river bridge v. proprietors of warren bridge case: facts of the case. In 1785, the massachusetts legislature incorporated the charles river bridge company to construct a bridge and collect tolls. In 1828, the legislature established the warren bridge company to build a free bridge nearby. Unsurprisingly, the new bridge deprived the old one of traffic and tolls. The charles river bridge company filed suit, claiming the legislature had defaulted on its initial contract. Plaintiffs brought suit alleging that the act of incorporating defendants" new bridge impaired the obligation of the contract with plaintiffs, being proprietors of an old bridge across the same river. The state supreme court dismissed plaintiffs" bill but the plaintiffs appealed. The court held that there was no obligation under the contract with plaintiffs that prevented the incorporation of a new bridge over the same river as plaintiffs" bridge: constitutional question. Whether the legislature entered into an economic contract with the charles river bridge.
