State v. Narrows Island Club.
Supreme Court of North Carolina
IndictmeNT, for obstructing a navigable water course,, tried before Graves, J., and a jury, at Fal-1 Term, 1887, of Currituck: Superior Court. Verdict and judgment against the defendant, from which, it appealed to this Court.
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IndictmeNT, for obstructing a navigable water course,, tried before Graves, J., and a jury, at Fal-1 Term, 1887, of Currituck: Superior Court. Verdict and judgment against the defendant, from which, it appealed to this Court. The bill of indictment was- as follows: “ The jurors for the State upon- their oaths present, that-•the Narrows Island Club, a corporation under the laws of North Carolina, in Currituck County, on the first day of March, 1886, a certain part of Currituck Sound, known as •the‘Big Narrows,’ which sound leads and runs from the .Albemarle Sound to the Black Water River,…
1Opinion of the CourtMekeimon, J.
We need not decide whether the grant from the State, under which the defendant claims title to the land covered by the water called “ Big Narrows,” charged in the indictment to have been obstructed, was or was not void. The evidence produced on the trial went directly to prove, and the jury found by their verdict, that the water was part of a navigable sound, and that it was, in fact, navigable for a large class of useful vessels, and had been used by the public for the purposes of navigation for a long while— twenty-five or thirty years, and perhaps longer. If the water referred to was thus…
2Cases cited2 opinions
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