Packard v. Ryder
Massachusetts Supreme Judicial Court
Tort, for breaking and entering the plaintiff’s close, in Bourne, and catching and carrying away from the waters within the plaintiff’s premises ten ‘trout. Trial in the Superior Court, without a jury, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: It was agreed that, on April 8, 1886, the defendant landed upon the plaintiff’s flats, having come thereto by water, and landing from his boat.
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Tort, for breaking and entering the plaintiff’s close, in Bourne, and catching and carrying away from the waters within the plaintiff’s premises ten ‘trout. Trial in the Superior Court, without a jury, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: It was agreed that, on April 8, 1886, the defendant landed upon the plaintiff’s flats, having come thereto by water, and landing from his boat. Thereupon, the tide being out, the defendant walked along the narrow strip of land or soil between high-water mark and low-water mark, in part consisting of shingle and…
1Opinion of the CourtHolmes, J.
It is now well settled that there is a public right to take shell-fish on the shore and flats below high-watermark and within one hundred rods of the upland, until the flats are enclosed by the proprietors. Weston v. Sampson, 8 Cush. 347. Dunham v. Lamphere, 3 Gray, 268, 271. Lakeman v. Burnham, 7 Gray, 437. 9 Gray, 526, 527. Commonwealth v. Bailey, 13 Allen, 541, 542. Proctor v. Wells, 103 Mass. 216. Commonwealth v. Manimon, 136 Mass. 456, 458. But the right to take shell-fish is asserted on the single ground that the general right of fishing extends to and includes it. Weston v. Sampson,…
2Cases cited2 opinions
- Proctor v. WellsMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. ManimonMassachusetts Supreme Judicial Court · 1884
3Cited by5 opinions
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- Pazolt v. Director of the Division of Marine FisheriesMassachusetts Supreme Judicial Court · 1994
- Allen v. AllenSupreme Court of Rhode Island · 1895
- Barry v. GrelaMassachusetts Supreme Judicial Court · 1977
- Howes v. Town of BarnstableMassachusetts Supreme Judicial Court · 1934