O'Fallon v. Daggett
Supreme Court of Missouri
Mullanphy in his lifetime, brought an action of trespass quare clausum fregit, against the defendants for breaking and enteringhis close &c.
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Mullanphy in his lifetime, brought an action of trespass quare clausum fregit, against the defendants for breaking and enteringhis close &c. The defendants pleaded not guilty, and also that the closewas theirs; the plaintiff then set out another close; the defendants to that part of the said close, bordering on the waters edge of the river Mississippi, and westward sixty feet, say they are not guilty; and as to the residue of said close, westward of said line, they say it is between the high water mark of said river, and the water’s edge, at low watermark.— The plea then goes on to say that…
1Opinion of the Court
Opinion delivered by
McGirk J. '
The claim of the defendants to use this ground as they did, rests on this principle, that the navigable rivers’in this State, and the banks thereof, below high water mark, and of right out to be public highways, for the pur-°f navigation. This principle is conceded by the for the plaintiff, to be correct so far only as the exigencies of navigation may require; and the argument *s5 that here, there was no exigency of navigation exis-tingto justify the acts of the defendants. To sustain this point for the plaintiff, Mr. Spalding cites and relies 1st Partidas, 337;…
2Cited by8 opinions
- McManus v. CarmichaelSupreme Court of Iowa · 1856
- Manry v. RobisonTexas Supreme Court · 1932
- State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
- Backus v. City of DetroitMichigan Supreme Court · 1882
- Elder v. DelcourSupreme Court of Missouri · 1954
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