Cobb v. Davenport
Supreme Court of New Jersey
In trespass, and' rule to show cause why the verdict for defendant should not be set aside.. The plaintiff, claiming to be owner of a fresh water lake-without an outlet, called Green’s pond, in the county of Morris, brought trespass against the defendant for breaking his close, and fishing on lands of the plaintiff, covered with water. The defendant pleaded the general issue, denying the exclusive right of fishing in said water, as claimed by the plaintiff.
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In trespass, and' rule to show cause why the verdict for defendant should not be set aside.. The plaintiff, claiming to be owner of a fresh water lake-without an outlet, called Green’s pond, in the county of Morris, brought trespass against the defendant for breaking his close, and fishing on lands of the plaintiff, covered with water. The defendant pleaded the general issue, denying the exclusive right of fishing in said water, as claimed by the plaintiff. He also set up the statute of limitations and license from plaintiff. In addition to these, he defended under two several grants from the…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
The water in question is a natural, inland, fresh water pond or lake, three miles long and one mile in width, and of sufficient depth to float large vessels. It has never been navigated by vessels larger than fishing craft, thirty feet long, propelled by oars or sails, and has no navigable outlet. To the soil of the pond, and consequently the waters thereof, the plaintiff claims title, by virtue of two several grants from the board of proprietors of East Jersey — the one dated on the twenty-fifth of March, 1839, for 139^0 acres, and the other,…
2Cases cited9 opinions
- Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Corfield v. CoryellU.S. Circuit Court for the District of Eastern Pennsylvania · 1823
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Proprietors of the Kennebeck Purchase v. SpringerMassachusetts Supreme Judicial Court · 1808
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- City of Newark v. Natural Resource Council in the Department of Environmental ProtectionSupreme Court of New Jersey · 1980
- Taylor Fishing Club v. HammettCourt of Appeals of Texas · 1935
- Schultz v. WilsonNew Jersey Superior Court Appellate Division · 1957
- Predham v. HolfesterNew Jersey Superior Court Appellate Division · 1954
- Camp Clearwater, Inc. v. PlockNew Jersey Superior Court Appellate Division · 1958
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