Administrators of Gavit v. Chambers & Coats
Ohio Supreme Court
This was a writ of error brought to reverse the judgment of the court of common pleas of Sandusky county, and adjouimed here for decision. The plaintiff in error was the plaintiff in the original suit, which was an action on the case for erecting a dam over the Sandusky river, and flowing back the water in the bed of the river upon the plaintiff. At the trial the plaintiff proved that he owned certain lands bounded by the river and situate on its western bank.
Read the full summary
This was a writ of error brought to reverse the judgment of the court of common pleas of Sandusky county, and adjouimed here for decision. The plaintiff in error was the plaintiff in the original suit, which was an action on the case for erecting a dam over the Sandusky river, and flowing back the water in the bed of the river upon the plaintiff. At the trial the plaintiff proved that he owned certain lands bounded by the river and situate on its western bank. He also proved that by the erection of the dam the water was flowed back in the bed of the river, opposite the lands of the plaintiff,…
1Opinion of the Court
By the Court :
The question presented for decision in this case is, has the proprietor of lands, bounded on a navigable stream, a separate and individual interest or property in any portion of the bed of the river?
The cession of the United States of the lands within the territory of which Ohio is now a part, was made subject to no condition with respect to navigable streams. But in the first frame of government, commonly called the ordinance, which is fundamental in its character, it is stipulated that “ navigable waters leading into the Mississippi and St. Lawrence, shall be common highways,…
2Cases cited3 opinions
- People v. PlattNew York Supreme Court · 1819
- Hooker v. CummingsNew York Supreme Court · 1822
- Adams v. PeaseSupreme Court of Connecticut · 1818
3Cited by9 opinions
- Portage County Board of Commissioners v. City of AkronOhio Supreme Court · 2006
- Starr v. ChildNew York Supreme Court · 1838
- Middleton v. PritchardIllinois Supreme Court · 1842
- Portage County Board of Commissioners v. City of AkronOhio Court of Appeals · 2004
- Attorney-General v. Delaware & Bound Brook RailroadNew Jersey Court of Chancery · 1876
4 more not listed; retrieve them via the Exa API.