Stewart v. Turney

Davis, J. (dissenting):

I must dissent from the decision about to be made.

The plaintiffs have leased from the owner certain lands adjacent to Cayuga lake for the purpose of hunting, particularly wild fowl. There is a beach or shore between high and low-water mark of the lake about twenty-four feet in width. This beach the plaintiffs are accustomed to use in hunting by constructing a “ hide ” or “ blind ” where they may be concealed while the water fowl are attracted within range of their guns by decoys placed upon the water near the shore. They have posted these lands pursuant to the…