Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 86

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 86

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ...Com. v. Alger, 7 Cush. 53; Dyer v. Curtis, 72 Maine, 184, and cases. The rights claimed by the defendants, in behalf of the public, . do not involve any use of the soil itself of the flats, but only the surface of the water in its frozen state. Any use of the ice which would be authorized when the tide was up would also be authorized when the tide was out so long as the ice remainscovering the flats. As the fisherman has the right to plant his boat itself, W'hl(.'-ll! is one mode of artificial obstruction, even upon the soil of the flats for the purpose of taking his fish, and even of digging up the soil for the same purpose, could there be any doubt of his right when the water was frozen to plant an ice boat or a fisherman's hut upon the frozen surface in order that the full beneficial enjoyment of the public right of fishing? The temporary obstruction of meltable snow answers exactly to this analogy, and we submit it is a clear right in the public as incident and reasonably necessary to the full beneficial enjoyment of the admitted right of the public to take ice. It will be further noted that this is a right of vastly greater public importance commercially, than the fisherman's right to build his hut, because if the ice cutter has not this essential right to scrape snow onto the unused flats, when covered, with frozen water, then he must use the cutable ice of the main river for this purpose, and in that way abridge by many thousands of acres the available ice supply of all our navigable rivers. Now a single acre of cutable ice twelve inches in thickness will yield a thousand tons of ice, and the loss of this available tonnage all up and down the river would be of immense commercial value, and would be just more

Product details

  • Paperback | 222 pages
  • 189 x 246 x 12mm | 404g
  • United States
  • English
  • black & white illustrations
  • 1236909488
  • 9781236909480