Barry v. Grela

The plaintiff claims a right to walk on the defendants’ land, between high and low water marks, in order to fish from a jetty not owned by the defendants. A judge of the Superior Court decided that the plaintiff has the right he claims, and the defendants appealed. We uphold the right as part of the “free fishing and fowling” granted by the colonial ordinance of 1641-1647, found in the 1649 codification, The Book of the General Lawes and Libertyes, at 50. See Opinion of the Justices, 365 Mass. 681, 685 (1974). With a minor change for clarification, we affirm the judgment.

We summarize the…