State v. Roberts
Supreme Court of New Hampshire
Indictment, for catching, killing, and destroying four trout from the waters of North pond in Stark, on the 4th day of February, 1878. It is conceded that the defendant took the fish as alleged in the indictment, and that he was then in possession of all the land surrounding the pond, claiming the pond as his estate, from which he had the right to take fish whenever he chose.
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Indictment, for catching, killing, and destroying four trout from the waters of North pond in Stark, on the 4th day of February, 1878. It is conceded that the defendant took the fish as alleged in the indictment, and that he was then in possession of all the land surrounding the pond, claiming the pond as his estate, from which he had the right to take fish whenever he chose. It is claimed, on the part of the state, that there is an outlet connecting the pond with Ammonoosuc river, and that the communication is such that trout from the river run up into the pond, and from the pond to the…
1Opinion of the CourtClark, J.
At common law the right of fishery in navigable waters was public and common to all, and in waters not navigable it was limited to the riparian owner of the soil, and belonged exclusively to him. This right in the owner of the land must be regarded as qualified to a certain extent by the universal principle that all property is held subject to those general regulations which are necessary to the common good and general welfare, and to that extent it is subject to legislative control. It is a well established principle, that every person shall so use and enjoy his own property, however…
2Cases cited6 opinions
- Holyoke Co. v. LymanSupreme Court of the United States · 1873
- Inhabitants of Stoughton v. BakerMassachusetts Supreme Judicial Court · 1808
- Commonwealth v. VincentMassachusetts Supreme Judicial Court · 1871
- Cottrill v. MyrickSupreme Judicial Court of Maine · 1835
- Commonwealth v. RugglesMassachusetts Supreme Judicial Court · 1813
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bohn v. AlbertsonCalifornia Court of Appeal · 1951
- State v. WelchSupreme Court of New Hampshire · 1889
- Lawton v. SteeleSupreme Court of the United States · 1894
- State v. McCormackSupreme Court of New Hampshire · 1970