Carson v. Blazer
Supreme Court of Pennsylvania
TRESPASS quare clausum fregit. The declaration stated that the defendants, “ on the 10th day of April 1803, “ with force and arms Eke., broke and entered the close v ' “ the plaintiff in the river Susquehanna, in the township of “ lower Paxton in the county of Dauphin, and trod down ,, , . , , r i i • i “ his grass to the value of ten dollars there growing, and “ broke and entered into the several fishery'oí the plaintiff „ . . ... . ' , , r -i “ in the said river, m the…
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TRESPASS quare clausum fregit. The declaration stated that the defendants, “ on the 10th day of April 1803, “ with force and arms Eke., broke and entered the close v ' “ the plaintiff in the river Susquehanna, in the township of “ lower Paxton in the county of Dauphin, and trod down ,, , . , , r i i • i “ his grass to the value of ten dollars there growing, and “ broke and entered into the several fishery'oí the plaintiff „ . . ... . ' , , r -i “ in the said river, m the township and county aforesaid, “ and then and there took 1000 shad of the value of two “ hundred dollars, and other wrongs…
1Opinion of the Court
Ye ates J.
after stating- the facts delivered his opinion as follows:'
It has been contended on the part of the plaintiff, that the owners of lands on the banks of the Susquehanna have the exclusive right of fishery in the river opposite to their shore. 1st. On the principles of the common law of England, applicable to our local situation; 2dly, on the original concessions of the first proprietary; and 3dly, by the particular laws and usages of Pennsylvania.
Cases have been cited from the English books to shew a distinction at common law, between fresh water-rivers and *484navigable streams, Hargr.…
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