Inhabitants of Arundel v. M'Culloch
Massachusetts Supreme Judicial Court
This was an action of trespass for cutting down and tearing away a bridge within the town of Arundel, and alleged to be the property of the plaintiffs.
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This was an action of trespass for cutting down and tearing away a bridge within the town of Arundel, and alleged to be the property of the plaintiffs. The action came under the consideration of the Court upon certain facts agreed by the parties, from which it appeared that the bridge destroyed was built by the plaintiffs over Kennebunk River, connecting the towns of Arundel and Wells; that this river, or rather arm of the sea, is navigable from the place where the bridge stood to the sea, and above the same bridge for light vessels of large size to pass down, and for coasting vessels to pass…
1Opinion of the Court
* Per Curiam.
It is an unquestionable principle of [ * 71 J the common law, that all navigable waters belong to the sovereign, or, in other words, to the public; and that no individual or corporation can appropriate them to their own use, or confine or obstruct them, so as to impair the passage over them without authority from the legislative power. It is upon this principle that so many acts of our legislature have been passed, authorizing the building of bridges over various rivers and streams within the commonwealth.
In this case, no such authority has been given; and the only claim of a…
2Cases cited10 opinions
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- Wales v. StetsonMassachusetts Supreme Judicial Court · 1806
- Rung v. ShonebergerSupreme Court of Pennsylvania · 1833
- Meeker v. Van RensselaerNew York Supreme Court · 1836
5 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Weimer v. BunburyMichigan Supreme Court · 1874
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- Boston Waterfront Development Corp. v. CommonwealthMassachusetts Supreme Judicial Court · 1979
- Brown v. ChadbourneSupreme Judicial Court of Maine · 1849
34 more not listed; retrieve them via the Exa API.