Cobb v. Commissioners of Lincoln Park
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. E. W. Cliffobd, Judge, presiding. This was a bill in chancery filed in the circuit court of Cook county by Henry Ives Cobb, the appellant, as the owner in fee simple of a lot situated on the west bank of Lake Michigan and abutting on the waters of the lake.
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Appeal from the Circuit Court of Cook county; the Hon. E. W. Cliffobd, Judge, presiding. This was a bill in chancery filed in the circuit court of Cook county by Henry Ives Cobb, the appellant, as the owner in fee simple of a lot situated on the west bank of Lake Michigan and abutting on the waters of the lake. The bill alleged that as a riparian owner he had the right to erect wharves into the waters of the lake to the point of navigability, to enable him to reach the navigable waters, as the water in front of his lot, for a distance of from five to six hundred feet, was too shallow to…
1Opinion of the CourtJustice Carter
The only question in this case, as stated by appellant, is, whether the owner of land bordering on and adjacent to the waters of Lake Michigan has a right of access from his own property to a point in the lake where the waters are navigable, and whether, in the exercise of this right, he may'erect a wharf or pier from his shore line over the submerged lands in the shallow water to the point of navigability in the lake. Appellant insists that the riparian owner has this right of access, and that it includes the right to wharf out, — that is, to erect wharves and piers in front of his land.
The…
2Cases cited9 opinions
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- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Scranton v. WheelerSupreme Court of the United States · 1900
- Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
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- Southeastern Pipe-Line Co. v. GarrettSupreme Court of Georgia · 1941
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