 It would be a narrow rule to hold that in this country, unless a river was capable of being navigated by steam or sail vessels, it could not be treated as a public highway. The capability of use by the public for purposes of transportation and commerce...  Bridge Engineering - Page 1137by John Alexander Low Waddell - 1916Full view - About this book
 | Law - 1875 - 722 pages
...large rivers of the country , over which rafts of lumber of great value are constantly taken to market. It would be a narrow rule to hold that in this country,...not be treated as a public highway. The capability ot use by the public for purposes of transportation and commerce, affords the true criterion of the... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1875 - 840 pages
...case in hand, and we think the question must be answered in the affirmative. Hickok v. Him:. ***** It would be a narrow rule to hold that In this country, unless a river wu capable of being navigated by steam or sail vessels, It oould not be treated as a public highway.... | |
 | Law reports, digests, etc - 1901 - 1164 pages
...Ed. 391, where the language of Chief Justice Shaw, supra, was repeated and indorsed, it was said that "the capability of use by the public for purposes...river, rather than the extent and manner of that use." It was held in Haines v. Hall (Or.) 20 Рас. 831, that a stream which has floatable capacity at certain... | |
 | Ernest Howard Ruffner - Inland navigation - 1885 - 208 pages
...of the large rivers of the country over which rafts of great value are constantly taken to market. It would be a narrow rule to hold that in this country,...river, rather than the extent and manner of that use. These, and many similar decisions, which could be quoted, show that breadth of view may be expected... | |
 | United States. Supreme Court - Law reports, digests, etc - 1885 - 914 pages
...The capability of use by the public for pur-. >oses of transportation and commerce, affords the ;rue criterion of the navigability of a river, rather than the extent and manner of that use. 3. If it he capable in its natural state of beingused for purposes of commerce, no mutter in what mode... | |
 | Robert Desty - Civil procedure - 1893 - 716 pages
...in law which are navigable in fact (The Montello, 11 Wall. 411; the General Cass, 1 Brown, 334), and the capability of use by the public for purposes of transportation and commerce is the true criterion of the navigability of a river, and nit the extent and manner of that use. (The... | |
 | Robert Desty - Civil procedure - 1893 - 722 pages
...in law which are navigable in fact (The Montello, 11 Wall. 411; the General Cass, 1 Brown, 334), and the capability of use by the public for purposes of transportation and commerce is the true criterion of the navigability of a river, and not the extent and manner of that use. (The... | |
 | Ezra Parmalee Prentice, John Garret Egan - Constitutional law - 1898 - 474 pages
...sailing vessels or rafts, nor upon the difficulties attending navigation. Capability of use by the public affords the true criterion of the navigability of a river rather than the extent and manner of use.4 Navigation by vessels is but a branch of commerce, and, when navigable streams are best fitted... | |
 | United States. Army. Corps of Engineers - Engineering - 1900 - 832 pages
...•which are navigable in fact. It is the settled doctrine of the Supreme Court of the United States that the capability of use by the public for purposes of...affords the true criterion of the navigability of the river, rather than the extent and manner of that use. Under this rule the Trinity is beyond question... | |
 | United States. War Department - 1900 - 832 pages
...which are navigable in fact. It is the settled doctrine of the Supreme Court of the United States that the capability of use by the public for purposes of...affords the true criterion of the navigability of the river, rather than the extent and manner of that use. Under this rule the Trinity is beyond question... | |
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