Rhodes v. Otis
Supreme Court of Alabama
Appeal from tbe Circuit Court of Choctaw. Tried before tbe Hon. C. W. Rapier. The complaint in this case was as follows: “William Otis ’aims of the defendant James Rhodes. r__________, __________D, in Clarke county, upon or near a water-course, or creek, called Bashi creek, which, in the winter-time, and at other rainy seasons, was navigable by rafts of large size, and by vessels of many tons burden, and which was at such times commonly used for such navigation, been engaged…
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Appeal from tbe Circuit Court of Choctaw. Tried before tbe Hon. C. W. Rapier. The complaint in this case was as follows: “William Otis ’aims of the defendant James Rhodes. r__________, __________D, in Clarke county, upon or near a water-course, or creek, called Bashi creek, which, in the winter-time, and at other rainy seasons, was navigable by rafts of large size, and by vessels of many tons burden, and which was at such times commonly used for such navigation, been engaged in cutting, hewing, and getting large sticks or pieces of timber, called spars, the property of the plaintiff, to he…
1Opinion of the Court
A. J. WALKER, C. J.—
The word navigable has, in the English common law, a technical meaning, and is used to describe public rivers where the tide ebbs and flows. Angell on Water Courses, 604, § 542; 3 Kent’s Com. 512; Stuart v. Clarke, 2 Swan, 9; Scott v. Wallace, 3 N. H. 321; Morgan & Harrison v. Reading, 3 S. & M. 366; Comm’rs v. Withers, 29 Miss. 21; Ex parte Jennings, 6 Cow. 518.
The charges given and refused in this case manifestly use the word navigable in its common, and not in its technical acceptation; and in that sense we will understand it, for the purposes of this opinion.
It is…
2Cases cited23 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- Wilkinson v. MoseleySupreme Court of Alabama · 1850
- Palmer v. MulliganNew York Supreme Court · 1805
- Ex parte JenningsNew York Supreme Court · 1826
- Riddle v. BrownSupreme Court of Alabama · 1852
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3Cited by49 opinions
- Harrison v. FiteCourt of Appeals for the Eighth Circuit · 1906
- Los Angeles v. Los Angeles City Water Co.Supreme Court of the United States · 1900
- Camp v. MilamSupreme Court of Alabama · 1973
- Hicks Bros. v. Swift Creek Mill Co.Supreme Court of Alabama · 1901
- Gaston v. MaceWest Virginia Supreme Court · 1889
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