Chalker v. Dickinson
Supreme Court of Connecticut
IN an action of trespass, the plaintiffs declared that they, and those under whom they claimed, for more than twenty years past, had used, occupied, possessed and enjoyed the free, several and exclusive right and privilege of a certain valuable fishery for shad and other fish in Connecticut river, between Fort-Point and Pipestave-Point in the town of Saybrook ; which fishery had been thus occupied and enjoyed by the plaintiffs to the entire exclusion of all the citizens of…
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IN an action of trespass, the plaintiffs declared that they, and those under whom they claimed, for more than twenty years past, had used, occupied, possessed and enjoyed the free, several and exclusive right and privilege of a certain valuable fishery for shad and other fish in Connecticut river, between Fort-Point and Pipestave-Point in the town of Saybrook ; which fishery had been thus occupied and enjoyed by the plaintiffs to the entire exclusion of all the citizens of this state, and all other persons ; and that the defendants, well knowing these facts, and intending to injure the…
1Opinion of the Court
Swift, Ch. J.
In this case, the court directed the jury, that an exclusive right of fishery could be acquired in a navigable river by an uninterrupted possession and use for more than fifteen years.
The right of fishery by the common law in the ocean, in arms of the sea, and navigable rivers below high water mark, is common to all, and the state only can grant an exclusive right. In rivers not navigable, the adjoining proprietors own the fishery, and can grant a right of fishing. Connecticut river being navigable in the place where this right of fishery is claimed, it could be acquired only in…
2Cited by17 opinions
- State v. LeavittSupreme Judicial Court of Maine · 1909
- Beckman v. KreamerIllinois Supreme Court · 1867
- Ingraham v. HutchinsonSupreme Court of Connecticut · 1818
- Great Hill Lake, Inc. v. CaswellSupreme Court of Connecticut · 1940
- Turner v. Selectmen of HebronSupreme Court of Connecticut · 1891
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