Stinson v. Butler

This was an action of trespass quare clausum fregit, brought by Stinson against Bútler and others. Plea, not guilty. Verdict and judgment for the defendants.

' On the trial, the plaintiff asked the Court to instruct the jury—That where lands are bounded by the Ohio river on the Indiana side, the owner’s right extends to low-water mark. This instruction was refused. The record shows that the instruction was applicable to the evidence in the cause.

We think that the instruction ought to have been given. The proprietors of land situated in this state, and bounded on one side by the Ohio river,…