Adams v. Pease
Supreme Court of Connecticut
THIS was an action of trespass quart clausum fregit, alleging, that the plaintiff was lawfully seised and possessed of a certain tract of land, lying in the town of Suffieli, bounded North on the plaintiff’s own land in Connecticut river, East on the centre of the bed of Connecticut river, South on John Wright’s land in said river, and West on the West bank of said river, containing five acres of land covered with f he water flowing in said river j and that the defendants,…
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THIS was an action of trespass quart clausum fregit, alleging, that the plaintiff was lawfully seised and possessed of a certain tract of land, lying in the town of Suffieli, bounded North on the plaintiff’s own land in Connecticut river, East on the centre of the bed of Connecticut river, South on John Wright’s land in said river, and West on the West bank of said river, containing five acres of land covered with f he water flowing in said river j and that the defendants, during the plaintiff’s seisin and possession, with force and arms, and against the peace, entered upon said land, and the…
1Opinion of the Court
Swot, Ch. J.
By the common law, in the sea, in navigable rivers, and navigable arms of the sea, the right of fishing is common to all. In rivers not navigable, the adjoining proprietors have the exclusive right. Rivers are considered to be navigable as far as the sea flows and reflows ; and thus far the common right of fishing extends. Above the ebbing and flowing of the tide, the fishery belongs exclusively to the adjoining proprietors ; and the public have a right or easement in such rivers, as common highways, for passing and repassing with vessels, boats, or any watercraft. 2 Roll. Abr.…
2Cited by31 opinions
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- Sterling v. JacksonMichigan Supreme Court · 1888
- Schulte v. WarrenIllinois Supreme Court · 1905
- Backus v. City of DetroitMichigan Supreme Court · 1882
- Griffith v. HolmanWashington Supreme Court · 1900
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