French v. Camp
Supreme Judicial Court of Maine
This was a special action on the case, alleging, that by means of a hole cut in the ice in Penobscot River by the defendants, the plaintiff lost his horse, he being then lawfully traveling on the ice, and the horse having fallen in and having been drowned. There was proof in the case tending to show, that there had been a road in the winter on the ice, near the place where the defendants cut the bole, for more than twenty years.
Read the full summary
This was a special action on the case, alleging, that by means of a hole cut in the ice in Penobscot River by the defendants, the plaintiff lost his horse, he being then lawfully traveling on the ice, and the horse having fallen in and having been drowned. There was proof in the case tending to show, that there had been a road in the winter on the ice, near the place where the defendants cut the bole, for more than twenty years. Shepley J., at the trial, instructed the jury, that the citizens had a lawful right to travel on the river upon the ice; and that if they believed there had been a…
1Opinion of the Court
The opinion of the Court was drawn up by
Weston C. J.
The waters of thePenobscot are, of common right, a public highway, for the use of all the citizens. This right is generally exercised, when they are in a fluid state; but when congealed, the citizens have still a right to traverse their surface at pleasure. Travelers have occasion to cross that, and other public rivers or streams, upon the ice, at points where public ferries have been established. And certain duties are by law imposed upon ferrymen, to aid the public in the enjoyment of this right. Stat. 1825, c. 292. And it is matter of…
2Cited by11 opinions
- Bell v. Town of WellsSupreme Judicial Court of Maine · 1989
- McGarvey v. WhittredgeSupreme Judicial Court of Maine · 2011
- Kenneth W. Ross v. Acadian Seaplants, LTD.Supreme Judicial Court of Maine · 2019
- Parsons v. E. I. Du Pont De Nemours Powder Co.Michigan Supreme Court · 1917
- Anderson v. Hartford Accident & Indemnity Co.California Court of Appeal · 1926
6 more not listed; retrieve them via the Exa API.