McKinney v. Northcutt
Missouri Court of Appeals
Appeal from Washington Circuit Court. — Eon. F. R. Bearing, Judge. It has long been the rule of the common law, that streams which in their natural condition, at ordinary stages of water, are fit and capable of being used for rafting purposes; that is to say, rafting railroad ties down the same, are public highways for that purpose, that the owner owns to the thread of the stream or the whole of it as the case may be, subject to the right of the public to use it for that…
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Appeal from Washington Circuit Court. — Eon. F. R. Bearing, Judge. It has long been the rule of the common law, that streams which in their natural condition, at ordinary stages of water, are fit and capable of being used for rafting purposes; that is to say, rafting railroad ties down the same, are public highways for that purpose, that the owner owns to the thread of the stream or the whole of it as the case may be, subject to the right of the public to use it for that purpose. As to whether or not Indian creek was such a stream, was a question of fact, upon which there was evidence for and…
1Opinion of the CourtNortoni, J.
(after stating the facts). — 1. The learned counsel for appellant asks the court to review the finding of facts made by the circuit court and to declare upon the evidence that Indian creek is not a navigable stream and therefore is not subject to public use within the meaning of the law relating to such streams *153as are capable of floating to market tbe products of the forest, mines and tillage of the soil along their courses. This being a case appealing to the equitable powers of the court, there can be no doubt that this court has the right to review such finding and that it is not precluded…
2Cases cited21 opinions
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Moore v. SanborneMichigan Supreme Court · 1853
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Benson v. MorrowSupreme Court of Missouri · 1875
- Springer v. KleinsorgeSupreme Court of Missouri · 1884
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3Cited by20 opinions
- Day v. ArmstrongWyoming Supreme Court · 1961
- Elder v. DelcourSupreme Court of Missouri · 1954
- Weller v. Missouri Lumber & Mining Co.Missouri Court of Appeals · 1913
- Fronk v. FronkMissouri Court of Appeals · 1911
- State ex rel. Jump v. Louisiana, Bowling Green & Ashley Gravel Road Co.Missouri Court of Appeals · 1906
15 more not listed; retrieve them via the Exa API.