Legal Opinion

Beckman v. Kreamer

Illinois Supreme Court

Decided April 15, 1867PublishedCited by 28 opinions

Writ of Error to the Circuit Court of Kankakee county ; the Hon. Charles K. Starr, Judge, presiding. The facts of the case sufficiently appear in the opinion of the court.

1Opinion of the CourtJustice Breese

By the common law, a right to take fish belongs so essentially to the right of soil in streams or bodies of water, where the tide does not ebb and flow, that if the riparian proprietor owns upon both sides of such stream, no one but himself may come upon the limits of his land and take fish there; and the same rule applies so far as his land extends, to wit, to the thread of the stream, where he owns upon one side only. Within these limits, by the common law, his right of fishery is sole and exclusive, unless restricted by some local law. or well established usage of the State where the…

2Cases cited2 opinions

  1. Hooker v. CummingsNew York Supreme Court · 1822
  2. Chalker v. DickinsonSupreme Court of Connecticut · 1815

3Cited by28 opinions

  1. Lincoln v. DavisMichigan Supreme Court · 1884
  2. Schulte v. WarrenIllinois Supreme Court · 1905
  3. Council v. . SanderlinSupreme Court of North Carolina · 1922
  4. Griffith v. HolmanWashington Supreme Court · 1900
  5. People Ex Rel. Palmer v. . TravisNew York Court of Appeals · 1918

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