In the case of Jonathan M. Reed v. The Proprietors of Locks and Canals on Merrimac River, the plaintiff argued that he had been wrongfully denied passage through a lock and canal system owned by the defendants. He claimed that his right to pass was secured under an act passed in 1846 which allowed for free navigation of all public waters within Massachusetts, including those controlled by locks and canals owned by private companies such as the defendants'. The Supreme Court ultimately ruled in favor of Reed, finding that although it is true that private property rights are protected under common law, they must yield to legislative acts when necessary for public convenience or necessity. In this case, since allowing free navigation would benefit both individuals like Reed as well as society at large due to increased trade opportunities along waterways throughout Massachusetts, it was determined that his right to pass should be upheld over any potential infringement upon private property rights held by the defendants.

In the case of Jonathan M. Reed v. The Proprietors of Locks and Canals on Merrimac River, Justice McLean delivered a dissenting opinion in which he argued that the plaintiff was entitled to recover damages for his loss due to an obstruction caused by the defendants' locks and canals on Merrimac River. He reasoned that since there had been no prior agreement between the parties regarding any such obstructions, it would be unjust for them not to compensate him for his losses as they were responsible for creating them. Furthermore, he noted that if this principle were not applied then individuals who build structures or make improvements near navigable waters could do so without fear of liability even when their actions cause damage to others’ property rights or interests. Ultimately, Justice McLean concluded that while Congress has authority over navigation laws within its jurisdiction, it does not have power over private contracts; thus making it necessary in this instance for compensation from those responsible - namely The Proprietors of Locks and Canals on Merrimac River -to be awarded accordingly