Stevens v. Paterson & Newark Railroad
Supreme Court of New Jersey
In error to the Essex Circuit. The suit below was in case. The declaration stated that the plaintiff was the owner in possession of a certain tract of laud adjoining to the Passaic river, and that said river was .a public navigable river, and in it the tide ebbed and flowed; that the plaintiff had enjoyed free access from his lands to the river, for the purpose of washing, bathing, watering his cattle, and for fishing and navigation ; and that the defendants have placed…
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In error to the Essex Circuit. The suit below was in case. The declaration stated that the plaintiff was the owner in possession of a certain tract of laud adjoining to the Passaic river, and that said river was .a public navigable river, and in it the tide ebbed and flowed; that the plaintiff had enjoyed free access from his lands to the river, for the purpose of washing, bathing, watering his cattle, and for fishing and navigation ; and that the defendants have placed obstructions along the entire water front of said lands, consisting of piles, timbers, and stones, &c., whereby the access…
1Opinion of the Court
The following opinion was delivered:
Beasley, Chief Justice.
The principal question which has been argued in this case is that respecting the interest of the state in the lands lying between high and low water marks in tidal rivers. In some of its aspects this subject is a familiar one to our courts; but, on this occasion, the point is, for the first time, distinctly presented, whether it is competent for the legislature to grant the soil under the water, so as to cut off the riparian owner from the benefits incident to his property from its contiguity to the water.
Notwithstanding the apparent…
2Cases cited5 opinions
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- WILLSON AND OTHERS v. the Black Bird Creek Marsh CompanySupreme Court of the United States · 1829
- City of Georgetown v. THE ALEXANDRIA CANAL COMPANY, &C.Supreme Court of the United States · 1838
- John Den, Ex Dem. Archibald Russell, in Error v. The Association of the Jersey CompanySupreme Court of the United States · 1854
- Susquehanna Canal Co. v. WrightSupreme Court of Pennsylvania · 1845
3Cited by14 opinions
- United States v. Stoeco Homes, Inc., a CorporationCourt of Appeals for the Third Circuit · 1974
- Schultz v. WilsonNew Jersey Superior Court Appellate Division · 1957
- River Development Corp. v. Liberty Corp.New Jersey Superior Court Appellate Division · 1958
- Garrett v. StateNew Jersey Superior Court Appellate Division · 1972
- Borough of Wildwood Crest v. MASCIARELLASupreme Court of New Jersey · 1968
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