Shinn v. Rosenberger

Opinion by

Me. Justice Patteeson,

This appeal arises out of a controversy over the use of a non-navigable lake for the purposes of boating, fishing and swimming.

Arthur T. Shinn and Lawrence D. Shinn are owners of a tract of land, comprising about 600 acres, in Middle Smithfield Township, Monroe County. This tract, on which is located thirty-nine fortieths of an entirely non-navigable lake, formerly known as “Seely’s Pond”, later as “Echo Lake”, has been operated by the Shinn family as a summer resort or bungalow colony continuously since 1909 or 1910. The remaining one-fortieth of the lake is…