Rowell v. Doyle
Massachusetts Supreme Judicial Court
Tort for cutting holes in the ice in Chauneey Pond in West-borough, and interfering with the plaintiffs’ right of harvesting the ice. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court on appeal, upon an agreed statement of facts, in substance as follows: The plaintiffs are milk-dealers, who supply the Boston market. In carrying on their business they use large quantities of ice.
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Tort for cutting holes in the ice in Chauneey Pond in West-borough, and interfering with the plaintiffs’ right of harvesting the ice. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court on appeal, upon an agreed statement of facts, in substance as follows: The plaintiffs are milk-dealers, who supply the Boston market. In carrying on their business they use large quantities of ice. Chauneey Pond is a great pond, situated in Westborough, covering about 180 acres, and for a considerable distance is bounded by the highway. The plaintiffs have, for a…
1Opinion of the Court
Gray, 0. J.
The right of fishing, as well as the right of taking ice, in a great pond, is a public right, which every inhabitant who can obtain access to the pond without trespass may exercise, so long as he does not interfere with the reasonable exercise by others of these and like rights in the pond, and complies with any rules established by the Legislature or under its authority. West Roxbury v. Stoddard, 7 Allen, 158, 170, 171.
The defendant, an inhabitant of the town, came upon the pond from the highway, and fished at a time allowed by the regulations made by the town under the powers…
2Cases cited2 opinions
- Commonwealth v. VincentMassachusetts Supreme Judicial Court · 1871
- Hittinger v. EamesMassachusetts Supreme Judicial Court · 1877
3Cited by9 opinions
- Bossmiller v. StateWisconsin Supreme Court · 1902
- State v. MallorySupreme Court of Arkansas · 1904
- Watuppa Reservoir Co. v. City of Fall RiverMassachusetts Supreme Judicial Court · 1888
- Concord Manufacturing Co. v. RobertsonSupreme Court of New Hampshire · 1889
- Witke v. State Conservation CommissionSupreme Court of Iowa · 1953
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