Home Real Estate Loan & Insurance v. Shaffner

The common law rule that streams are navigable only as far as tidewater extends developed from the fact that England does not have to any great extent nontidal waters which are navigable. This common law rule has been discarded in this country. Here, the term “navigable waters” has reference to commerce of a substantial and permanent character to be, or which may be, conducted thereon. Leovy v. United States, 177 U. S., 621, 44 L. Ed., 914. By “navigable waters” are meant such as are navigable in fact and which by themselves or their connection with other waters, form a continuous channel for…