 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
 | Washington (State). Supreme Court, Eugene Glenroy Kreider - Law reports, digests, etc - 1901 - 884 pages
...Wall. 430, 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, 17 Ore. 165 (20 Pac. 831, 3 LRA 609), that a stream which has a floatable... | |
 | Law reports, digests, etc - 1902 - 1040 pages
...3Ö1, 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, 17 Or. 1G5, 3 LRA 009, 20 Рас. 831, that a stream which has floatable... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1902 - 1026 pages
...430, 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...transportation and commerce affords the true criterion of lie navigability of a river, rather than the extent and manner of bat use." It was held in Haines T.... | |
 | Law reports, digests, etc - 1902 - 1268 pages
...Attorney General v. Woods, 108 Mass. 436. In the case of The Moutello, cited above, the court said: 'The capability of use by the public for purposes of transportation and commerce affordsthe true criterion of the navigability of a river, rather than the extent and manner of that... | |
 | Charles Marcellus Bufford - Liens - 1903 - 1122 pages
...commerce is, or may be, conducted, nor the difficulties attending navigation It would be a narrow view to hold that in this country, unless a river was capable...river, rather than the extent and manner of that use artificial,7 and whether the voyage or contract, if maritime in character, is to be performed wholly... | |
 | Law reports, digests, etc - 1905 - 980 pages
...travel or commerce. Ncaderhouser v. State, 28 Ind. 257. The capability of use by the public for the purposes of transportation and commerce affords the true criterion of the navigability of the river, rather than the extent and manner of that use. The Montello, 20 Wall. 430, 22 L. ed. 391.... | |
 | Law reports, digests, etc - 1906 - 1278 pages
...Loveless, 72 N. Y. 211. In The Montello, 20 Wall. (US) 430, 22 L. Ed. 391, Mr. Justice Davis said: "The capability of use by the public for purposes...transportation and commerce affords the true criterion of the navigation of a river, rather than the extent and manner of that use. If It be capable, In its natural... | |
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