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" Pickering 344) , it is not every small creek in which a fishing skiff or gunning canoe can be made to float at high water which is deemed navigable, but, in order to give it the character of a navigable stream, it must be generally and commonly useful... "
Cases Determined in the Supreme Court of Washington - Page 570
by Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1910
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A Treatise on the Right of Property in Tide Waters and in the Soil and ...

Joseph Kinnicut Angell - Riparian rights - 1847 - 492 pages
...circumstances, as at extraordinary high tides, which will give it the character of a navigable stream, but it must be generally and commonly useful to some purpose of trade or agriculture." 1 And the obstruction of creeks, authorized by a state legislature passing over deep level marshes...
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The American Law Register, Volume 3

Electronic journals - 1855 - 804 pages
...circumstances, as at extraordinary high tides, which will give it the character of a navigable stream, but it must be generally and commonly useful to some purpose of trade or agriculture." In the case of Thompson, Wilson and others, plaintiffs in error vs. the Black Bird Creek Marsh Company,...
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Reports of Cases Determined in the Court of Chancery And, on ..., Volume 2

John Potter Stockton - Equity - 1858 - 652 pages
...circumstances, as at extraordinary high tides, which will give it the character of a navigable stream, but it must be generally and commonly useful to some purpose of trade or agriculture." In the case of Thompson, Wilson, £ others, plaintiffs in error, v. The Blackbird Creek Marsh Company,...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 54

Illinois. Supreme Court - Law reports, digests, etc - 1872 - 640 pages
...circumstances, as at extraordinary high tides, which will give it the character of a navigable stream, but it must be generally and commonly useful to some purpose of trade or agriculture." This can not be alleged of Big creek. It can not be said that stream is generally and commonly useful...
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volume 38

Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1866 - 630 pages
...circumstances, as at extraordinary high tides, which will give it the character of a navigable stream, but it must be generally and commonly useful to some purpose of trade or agriculture. [Here the court proceeded to consider and sum up the evidence.] On the whole the Court are of opinion...
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A Treatise on the Law of Navigable Rivers

Louis Houck - Harbors - 1868 - 268 pages
...circumstances, as at extraordinary high tides, which will give it the character of a navigable stream, but it must be generally and commonly useful to some purpose of trade or agriculture." lish judges in all cases. Lord Mansfield correctly said, " Ex facto oritur jus," and it seems more...
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Official Opinions of the Attorneys General of the United States: Advising ...

United States. Department of Justice - Attorneys general's opinions - 1909 - 732 pages
...Justice Shaw, in Rowe v. Granite Bridge Corporation (21 Pick. 347), said that in order to give a river the character of a navigable stream " it must be generally...commonly useful to some purpose of trade or agriculture." This language is quoted in many decisions of the Supreme Court, including the case of United States...
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A Treatise on the American Law of Easements and Servitudes

Emory Washburn - Servitudes - 1873 - 830 pages
...circumstances, as at extraordinary high tides, which will give it the character of a navigable stream, but it must be generally and commonly useful to some purpose of trade or agriculture." l 3. But public rivers are not necessarily navigable, in the sense that the tide ebbs and flows therein....
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 20

United States. Supreme Court - Law reports, digests, etc - 1875 - 750 pages
...either in determining the navigability of a river. It is not, however, as Chief Justice Shaw said,* "every small creek in which a fishing skiff or gunning...commonly useful to some purpose of trade or agriculture." The learned judge of the court below rested his decision against the navigability of the Fox River...
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The Central Law Journal, Volume 2

Law - 1875 - 722 pages
...determining the navigability of a river. It to not, however, as Chief Justice Shaw said .(at Pick. 344) : " Every small creek in which a fishing skiff or gunning...commonly useful to some purpose of trade or agriculture." The following cases are cited as supporting the views here presented : Moore v. Sanborn, 2 Michigan,...
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