Legal Opinion

New England Trout & Salmon Club v. Mather

Supreme Court of Vermont

Decided May 15, 1895PublishedCited by 18 opinions

Trespass quare clausum. Plea, not guilty. Trial by jury at the September term, 1894, Taft, J., presiding-The court directed a verdict for the defendant. The plaintiff excepts. At common law the public had no right of fishing in non-tidal waters although they were navigable in fact. Murphy v. Ryan, 2 Ir.

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Trespass quare clausum. Plea, not guilty. Trial by jury at the September term, 1894, Taft, J., presiding-The court directed a verdict for the defendant. The plaintiff excepts. At common law the public had no right of fishing in non-tidal waters although they were navigable in fact. Murphy v. Ryan, 2 Ir. R. C. L., 143; Pearce v. Scotcher, 9. L. R. B. Div., 162 ; Reece v. Miller, 8 L. R. B. Div., 626; Allgood v. Gibson, 34 L. T. Rep., 883; Marsh v. Colby, 39 Mich., 626; Waters v. Lilley, 4 Pick., 145; Hooker V. Cummings, 20 Johns. 90; McGready v. Virginia, 94 U. S. 301; Holyoke Water Power Co.…

1Opinion of the CourtRowell, J.

Marlboro South Pond is a natural body of water from ten to thirty feet deep, except around the edges, where the water is shallow, and it covers about seventy-five acres. It has no inlet, but a small brook forms its outlet. The town of Marlboro was a New Hampshire grant, having been chartered by Benning Wentworth in the name of the King in 1751, without reservation of any ponds or streams.

The plaintiff claimed, and its testimony tended to show, that at the time in question it was the sole owner and the exclusive possessor and occupant of a strip of land around said pond, four rods wide most of…

2Cases cited27 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. Martin v. Hunter's LesseeSupreme Court of the United States · 1816
  3. Cooley v. Board of Wardens of Port of Philadelphia Ex Rel. Soc. for Relief of Distressed PilotsSupreme Court of the United States · 1852
  4. The Daniel BallSupreme Court of the United States · 1871
  5. The MontelloSupreme Court of the United States · 1874

22 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Griffith v. HolmanWashington Supreme Court · 1900
  2. Hazen v. PerkinsSupreme Court of Vermont · 1918
  3. Bosworth v. NelsonSupreme Court of Georgia · 1931
  4. Payne v. SheetsSupreme Court of Vermont · 1903
  5. State v. HaskellSupreme Court of Vermont · 1911

13 more not listed; retrieve them via the Exa API.

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