A Treatise on the Law of Waters

Seitenzahl:

636

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921 g

Erschienen bei:

Cambridge Scholars Publishing

Kurzbeschreibung

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: to the water's edge, even when the meandered line of the lake differs from the actual water line.1 In a recent case in Michigan it was said that it had always been customary to permit the public to take fish in the small lakes and ponds of that State, and it was therefore held that the plaintiff in that case who had never given notice forbidding the exercise of this customary right could not maintain an action of trespass against the defendant for passing upon his land with the intention of fishing and for taking fish in a pond which was almost exclusively enclosed by the plaintiff's farm.2 47 Wis. 662; Olson v. Merrill, 42 Wis. 203; Wright v. Day, 33 Wis. 260; Shufeldt v. Spaulding, 37 Wis. 662; Mariner v. Schulte, 13 Wis. 602; Jones v. Phettibone, 2 Wis. 308. 1 Boorman v. Sunnuchs, 42 Wis. 233; Delaphine v. Chicago Railway . Co., Ibid. 214; Diedrich v. North-western Railway Co., Ibid. 248. 3 Marsh v. Colby, 39 Mich. 626. Elsewhere it has been held that a right to take flsh in a private river or lake is a profit a prendre which could not be acquired by custom unless pleaded with a que estate. Waters v. Lilley, 4 Pick. 145; Murphy v. Ryan, Iv. R. 2 C. L. 143; Bland v. Lips- comb, 24 L. J. Q. B. 155, note; Gate- wood's case, 6 Co. 60; Grimstead v. Marlow, 4 T. R. 718; Cobb v. Davenport, 4 Vroom, 223; 3 Id. 369, 389; Winder v. Blake, 4 Jones (N. C.), 332. CHAPTER TV. THE PUBLIC RIGHT OF NAVIGATION. SECTION. 86. Navigable waters. 87, 88. The right of navigation paramount to private and other public rights in these waters. 89,90. The right is to be exercised with reasonable regard to the rights of riparian proprietors. 91. Protection of navigation in England. 92. Nuisances to navigation. 93. Purprestures and nuisances. 94. Benefit to the pu...

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Mehr von:  John Melville Gould, Cambridge Scholars Publishing