Elder v. Delcour

McDowell, p. j.

This action is under the declaratory judgment act to determine the right of plaintiff and others to use the Meramec River for the purposes of fishing by boat or wading therein. It is contended by defendant that the river is non-navigable; that he is the owner of the bed of the stream and has the legal right to restrain the public from using said river where it flows through his land in Dent County.

The cause was tried before the court resulting in a judgment and finding that the Meramec River, where it crosses defendant’s land, is public water and subject to travel by plaintiff…