Carr v. Carpenter

The plaintiff, who is the owner of land bounding upon the sea, brings this action of trespass on the case, claiming damage for the disturbance of his easement or in-corporal right to take the sea-weed which has become stranded on the shore adjacent to his land.

The defendant demurs to the declaration, on the ground that the right to take sea-weed landed upon the beach below high-water mark is in the public and not in the owner of the adjacent upland.(1) The demurrer must be overruled. The right to take seaweed is not one of the rights which the State holds in trust for the public, like…