Winous Point Shooting Club v. Slaughterbeck
Ohio Supreme Court
Error to the Court of Appeals of Ottawa county. The plaintiff in error, a corporation organized under the laws of Ohio, for the purposes, among others, of hunting, fishing, trapping and the protection of fish and game, and for lawful shooting purposes, brought suit against the defendants in error in the court of common pleas of Ottawa.
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Error to the Court of Appeals of Ottawa county. The plaintiff in error, a corporation organized under the laws of Ohio, for the purposes, among others, of hunting, fishing, trapping and the protection of fish and game, and for lawful shooting purposes, brought suit against the defendants in error in the court of common pleas of Ottawa. In its petition it alleges that in furtherance' of said purposes it has purchased, at large expense, large tracts of land in Sandusky and Ottawa counties, Ohio, and is, and has been for many years, the owner in fee simple and in possession thereof (the lands…
1Opinion of the CourtJohnson, J.
As shown by their answer defendants claim that the waters which are involved in the present controversy form part of a public bay connected with Sandusky bay, and not part of San-dusky river and Mud creek; that they are navigable in part, and have been continuously and uninterruptedly used by the public for fishing without objection until the plaintiff claimed the right to convert them to its own use.
Defendants claim the right of fishing within the portion of the premises above referred to, *145wherever covered by water, to an extent that marketable fish may be found therein. They admit that the…
2Cases cited4 opinions
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- State v. Cleveland & Pittsburgh RailroadOhio Supreme Court · 1916
- Winous Point Shooting Club v. CaspersenSupreme Court of the United States · 1904