Becker v. Hall
Supreme Court of Iowa
Appeal from Lee District Court. — Hon. Henry Bank, Jr., J"udge. Action in equity to restrain the defendants from interfering with the harvesting of ice formed on public waters. Trial, and judgment for the plaintiffs. The defendants appeal. —
1Opinion of the Court
Si-ierwin, J. —
1 The ice field in controversy was located in the government canal at Keokuk. The canal is public water and the right to take ice therefrom is a common right. One member of the general public has the same right to the ice' formed upon public waters as has another, until there has been an actual appropriation of such ice. Brown v. Cunningham, 82 Iowa, 517. What will amount to such an appropriation is the controlling question in this case, and the authorities are not in entire harmony thereon. It has been held “that an appropriation of ice upon these waters is made by surveying,…
2Cases cited13 opinions
- Wood v. FowlerSupreme Court of Kansas · 1882
- Walker v. Transportation Co.Supreme Court of the United States · 1866
- Attorney General v. TarrMassachusetts Supreme Judicial Court · 1889
- Brown v. CunninghamSupreme Court of Iowa · 1891
- East Birmingham Land Co. v. DennisSupreme Court of Alabama · 1888
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3Cited by5 opinions
- J. Avery Bryan, Inc. v. HubbardCourt of Appeals of Tennessee · 1949
- Board of Park Commissioners v. Diamond Ice Co.Supreme Court of Iowa · 1905
- Abbott v. CremerWisconsin Supreme Court · 1903
- Hudson River Ice Co. v. BradyAppellate Division of the Supreme Court of the State of New York · 1913
- Lemons v. Memphis Transit Management Co.Court of Appeals of Tennessee · 1966