McBurney v. Young
Supreme Court of Vermont
Trespass to recover a penalty of ten dollars under No. 79, Acts of 1884, and damages. Heard at the September term, 1894, Franklin county, upon the report of a referee, Row-ell, J., presiding. Judgment in favor of the defendant, McCarty, without cost, and judgment pro forma against the defendant Young for a penalty of ten dollars and six cents damages and costs. The defendant Young excepts.
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Trespass to recover a penalty of ten dollars under No. 79, Acts of 1884, and damages. Heard at the September term, 1894, Franklin county, upon the report of a referee, Row-ell, J., presiding. Judgment in favor of the defendant, McCarty, without cost, and judgment pro forma against the defendant Young for a penalty of ten dollars and six cents damages and costs. The defendant Young excepts. The plaintiff was the owner of marsh lands upon the border of Lake Champlain, and had posted notices upon such lands prohibiting shooting, trapping, or fishing ón said lands, in accordance with No. 79, Acts…
1Opinion of the CourtThompson, J.
The plaintiff’s land is bounded by the waters of Lake Champlain. Both parties concede that by the law of this state, the plaintiff’s land does not extend beyond low water mark. Such is the law of this state. Fletcher v. Phelps, 28 Vt. 257; Jakeway v. Barrett, 38 Vt. 316; Austin v. Rutland R. R. Co., 45 Vt. 228. The contention is over the meaning of the term “low water mark” as used by the courts and law writers. The plaintiff insists that it means the lowest point to which the water has ever receded. The defendant says that it means ordinary low water mark.
By the common law, all that portion…
2Cases cited7 opinions
- Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
- Seaman v. SmithIllinois Supreme Court · 1860
- Fletcher v. PhelpsSupreme Court of Vermont · 1856
- Jakeway v. BarrettSupreme Court of Vermont · 1865
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