St. Louis, Iron Mountain & Southern Railway Co. v. Ramsey
Supreme Court of Arkansas
APPEAL from Independence Circuit Court. J. W. Butler, Judge. By the common law, if a stream was not navigable, the riparian owners took "usque ad medium filum aquas.” If navigable, his title stopped at the bank at high-water mark; low-water mark was never recognized as a boundary. In navigable waters, the State owns the bank and beds of streams.
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APPEAL from Independence Circuit Court. J. W. Butler, Judge. By the common law, if a stream was not navigable, the riparian owners took "usque ad medium filum aquas.” If navigable, his title stopped at the bank at high-water mark; low-water mark was never recognized as a boundary. In navigable waters, the State owns the bank and beds of streams. Woolrych on Waters, 40-44; Angell on Tide Waters, 22-24; 9 Conn., 40; 3 Iowa 54; 6 N. Y., 522; 33 N. Y., 461; 94 U. S., 325; 3 Howard, 27, 220. The difficulty in applying the common law rule arises from the impossibility of reconciling the English…
1Opinion of the CourtHughes, J.
Appellees, being the owners as tenants in common by inheritance from an ancestor, who derived title under a patent from the United States government, of the northwest fractional part of section 21, township 13 north, range 6 west, on the bank of and bordering on White river, in Independence county, containing according to the patent, 22.59 acres, the patent for which bears date 12th of December, 1823, brought suit against the railway company to recover the value of 3,658 car loads of gravel, which the appellant took from a gravel bar, which, the appellees alleged in their complaint, was lying…
2Cases cited9 opinions
- Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- Barney v. KeokukSupreme Court of the United States · 1877
- McManus v. CarmichaelSupreme Court of Iowa · 1856
- John Goodtitle v. Gaius KibbeSupreme Court of the United States · 1850
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3Cited by38 opinions
- Harrison v. FiteCourt of Appeals for the Eighth Circuit · 1906
- Wallace v. DriverSupreme Court of Arkansas · 1896
- Barboro v. BoyleSupreme Court of Arkansas · 1915
- Nix v. PfeiferSupreme Court of Arkansas · 1904
- People v. EmmertSupreme Court of Colorado · 1979
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