A Treatise on the Law of Waters: Including Riparian Rights, and Public and Private Rights in Waters Tidal and Inland |
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Page 161
... maintain an action of tres- pass 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 ...
... maintain an action of tres- pass 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 ...
Page 213
... maintain , repair , and regulate docks and wharves for the free use of the public , or of those who pay toll , it is in general a power which cannot be delegated.5 A wharf erected 315 . Johnson v . Milwaukee , 40 Wis . Hale v . Kenosha ...
... maintain , repair , and regulate docks and wharves for the free use of the public , or of those who pay toll , it is in general a power which cannot be delegated.5 A wharf erected 315 . Johnson v . Milwaukee , 40 Wis . Hale v . Kenosha ...
Page 214
... maintain a public wharf , or a free bridge or ferry , it cannot exact toll ; 2 nor being authorized by law to maintain a toll ferry , can it order the ferry to run without toll.8 When the privilege is granted of erecting a wharf or dock ...
... maintain a public wharf , or a free bridge or ferry , it cannot exact toll ; 2 nor being authorized by law to maintain a toll ferry , can it order the ferry to run without toll.8 When the privilege is granted of erecting a wharf or dock ...
Page 229
... maintain d by those whose vessels have been thus delayed , or lost their voyage.1 One who suffers no pecuniary damage from a obstruction in a highway , but is merely put to the inconven- ience , common to all who use the way , of ...
... maintain d by those whose vessels have been thus delayed , or lost their voyage.1 One who suffers no pecuniary damage from a obstruction in a highway , but is merely put to the inconven- ience , common to all who use the way , of ...
Page 231
... maintain a suit to prevent its completion.1 So the obstruction of a canal , though amounting to a public nuisance , is actionable when it involves the breach of a private warranty . The owner of a ferry beyond the limits of a city from ...
... maintain a suit to prevent its completion.1 So the obstruction of a canal , though amounting to a public nuisance , is actionable when it involves the breach of a private warranty . The owner of a ferry beyond the limits of a city from ...
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Common terms and phrases
13 Pick abate action adjoining alleged Allen Attorney authority banks Barb Boom Boston Bridge Brinsop Brown Canal Canal Co caused channel claim Clark Commissioners common law Commonwealth Conn court court of equity covenant Crown Cush damages defendant ditch diverted easement entitled equity erected Exch Ferry fish fishery Fitchburg Railroad flow flowage Grand Junction Canal grant grantor Gray Hale held highway Ibid injunction injury Iowa Johnson Jones Jure Maris jurisdiction jury Lake Lehigh Valley Railroad liable license Lord low-water mark Maine maintain Manuf Mass Mill Act mill-owner Minn Morris Canal N. J. Eq navigable waters nuisance obstruction Ohio St parties Penn person plaintiff pond premises prescription purpose Railroad Railroad Co Railway remedy riparian owner riparian proprietor rule shore Smith soil statute stream tide waters tion trespass Turnpike Co vessels Wall watercourse Wend wharf York
Popular passages
Page 137 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.
Page 494 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 422 - ... injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.
Page 132 - ... exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts as well as upon the high seas...
Page 136 - And they constitute navigable waters of the United States within the meaning of the acts of Congress, in contradistinction from the navigable waters of the States, when they form in their ordinary condition by themselves, or by uniting with other waters, a continued highway over which commerce is or may be carried on with other States or foreign countries in the customary modes in which such commerce is conducted by water.
Page 680 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Page 422 - Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws and decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 426 - The use of all water now appropriated, or that may hereafter be appropriated, for sale, rental, or distribution, is hereby declared to be a public use, and subject to the regulation and control of the State, in the manner to be prescribed by law...
Page 494 - ... it seems but reasonable and just that the neighbor who has brought something on his own property (which was not naturally there), harmless to others so long as it is confined to his own property...
Page 276 - The title to the soil constituting the bed of a river does not carry with it any exclusive right of property in the running water of the stream, which can only be appropriated by severance, and which may be lawfully so appropriated by every one having a right of access to it.