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" Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and... "
Bridge Engineering - Page 1137
by John Alexander Low Waddell - 1916
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Cases Argued and Adjudged in the Supreme Court of the ..., Volume 10; Volume 77

United States. Supreme Court - Law reports, digests, etc - 1871 - 726 pages
...rivers, and that is found in their navigable capacity. Those rivers must be regarded as public navA gable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade...
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Commentaries on American Law, Volume 1

James Kent - Law - 1873 - 820 pages
...meaning of these decisions is navigability in fact, and those rivers are said to be navigable which are susceptible of being used, in their ordinary condition,...highways for commerce, over which trade and travel may be conducted in the customary mode. The Daniel Ball, 10 Wall. 557, 563. The jurisdiction as to...
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A Treatise on the American Law of Easements and Servitudes

Emory Washburn - Servitudes - 1873 - 830 pages
...affected by the ebb and flow of the tide. They are regarded as public navigable rivers in law, if they are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce over which trade...
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The American Reports: Containing All Decisions of General ..., Volume 13

Isaac Grant Thompson - Law reports, digests, etc - 1875 - 840 pages
...that It Is. The court said : " This court held, In the case of the Daniel Ball, 10 Wall. 557. that those rivers must be regarded as public navigable...they are navigable In fact when they are used, or are susceptlol» <>f being used. In their ordinary condition, as highways for commerce, over which...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 20

United States. Supreme Court - Law reports, digests, etc - 1875 - 750 pages
...Justice DAVIS delivered the opinion of the court. This court held in the case of The Daniel Ball* that those rivers must be regarded as public navigable...they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade...
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The Central Law Journal, Volume 2

Law - 1875 - 722 pages
...a navigable river, as follows : " This court held in the case of the Daniel Ball (10 Wallace) that those rivers must be regarded as public navigable...they are navigable in fact when they are used, or are susceptible of beingused, in their ordinary condition, as highways for commerce, over which trade...
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Public Land Laws Passed by Congress from March 4, 1869, to March 3, 1875 ...

Henry Norris Copp - Land tenure - 1875 - 1000 pages
...upon both points. Rivers are deemed navigable waters of the United States when they are used or are susceptible of being used in their ordinary condition as highways for commerce between the States. (The Daniel Ball, 10 Wall., 557; the Montello, 11 Wall., 411.) Under the acts of...
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Reports of the Decisions of the Appellate Courts of the State of ..., Volume 2

Illinois. Appellate Court, James Bolesworth Bradwell - Law reports, digests, etc - 1879 - 712 pages
...and after a sale to others. Putt v. Duncan, 461 WATERCOURSES. NAVIGABLE STREAMS. 1. Defin;t;on. — Those rivers must be regarded as public, navigable...and they are navigable in fact when they are used or capable of being used, in their ordinary condition, as highways for commerce, over which trade or travel...
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The Federal Reporter, Volume 136

Law reports, digests, etc - 1905 - 1120 pages
...was actually used in navigation. In The Daniel Ball, 10 Wall. 557, 563, 19 L. Ed. 999, it was said: "Those rivers must be regarded as public navigable...they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways Tor commerce, over which trade...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 19-20

Law reports, digests, etc - 1884 - 1912 pages
...a river — the ebb and now of the tide therein — does not apply to the rivers of this country : "Those rivers must be regarded as public, navigable rivers in law which are navigable in fact; and the}' are navigable in fact when they are used, or are susceptible of being used, in their ordinary...
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