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Charles River Bridge v. Warren Bridge
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Charles River Bridge v. Warren Bridge : ウィキペディア英語版
Charles River Bridge v. Warren Bridge

''Charles River Bridge v. Warren Bridge'', 36 U.S. 420 (1837), was a case regarding the Charles River Bridge and the Warren Bridge of Boston, Massachusetts, heard by the United States Supreme Court under the leadership of Chief Justice Roger B. Taney.
In 1785, the Charles River Bridge Company had been granted a charter to construct a bridge over the Charles River connecting Boston and Cambridge. When the Commonwealth of Massachusetts sanctioned another company to build the Warren Bridge, chartered 1828, that would be very close in proximity to the first bridge and would connect the same two cities, the proprietors of the Charles River Bridge claimed that the Massachusetts legislature had broken its contract with the Charles River Bridge Company, and thus the contract had been violated. The owners of the first bridge claimed that the charter had implied exclusive rights to the Charles River Bridge Company. The Court ultimately sided with Warren Bridge. This decision was received with mixed opinions, and had some impact on the remainder of Taney's tenure as Chief Justice.
== Charles River Bridge ==
The controversy over the Charles River Bridge dated as far back as October 15, 1640 when the Massachusetts legislature, in accordance with common law, assumed control over public ferries. The legislature proceeded to give Harvard College the power to run a ferry on the Charles River between Boston and Charlestown. Harvard continued to operate the ferry, and collect its profits until 1785. That year, a group of men petitioned the state legislature to build a bridge across the river due to the inconvenience of the ferry. As time had passed, the two towns had grown and communication between them had become more important, and technology was at a point now where a bridge appeared to be a wise economic undertaking.
The request was granted and the Charles River Bridge Company was given permission to build a bridge and collect tolls for 40 years, but during those 40 years the company would have to pay 200 pounds (or ~$670) to Harvard College annually in order to make up for the profits the college would lose from the ferry. After 40 years of collecting tolls, the company would turn the bridge over to the state, but the government would still have to pay annually. In 1792, the Massachusetts legislature extended this charter to seventy years from the opening of the bridge.
The bridge was a giant success. It made large profits and proved to be very convenient. As a result, plans to construct more bridges were set into motion. In 1828, the Massachusetts legislature gave another company a charter to build a bridge, across the same river, between Cambridge and Boston. The second bridge was 275 yards from the first one, but the proprietors of the first bridge still complained. The owners of the Charles River Bridge argued to the legislature that building the second bridge would take away traffic and revenue from the first bridge. The legislature responded by giving the proprietors of the Charles River Bridge another 30 years to collect tolls.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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