 | United States. Department of Justice - 1909 - 732 páginas
...411), and in The Montdlo (20 Wall. 430, 441, 443), where the court used the following language : " The capability of use by the public for purposes of...be capable in its natural state of being used for the purposes of commerce, no matter in what mode the commerce may be conducted, it is navigable in... | |
 | United States. Supreme Court - 1875 - 750 páginas
...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...commerce may be conducted, it is navigable in fact, and beOpinion of the court. comes in law a public river or highway. Vessels of any kind that can flout... | |
 | Isaac Grant Thompson - 1875 - 840 páginas
...wu capable of being navigated by steam or sail vessels, It oould not be treated as a public highway. The capability of use by the public for purposes of...manner of that use. If It be capable In Its natural etate of being used for purposes of commerce, no matter In what mode the commerce may be conducted,... | |
 | 1875 - 722 páginas
...extent and manner ol that use. If it be capable in its natural state of being used for purposes 01 commerce, no matter in what mode the commerce may...fact, and becomes in law a public river or highway. Vessels ol any kind that can float upon the water, whether propelled by animal power, by the wind,... | |
 | Orlando Bump - 1878 - 474 páginas
...true criterion of the navigability of a river, rather than the extent and manner of that use. If it is capable in its natural state of being used for purposes...fact, and becomes in law a public river or highway. The Montello, 20 Wall. 430. Those rivers are public navigable rivers in law which are navigable in... | |
 | Orlando Bump - 1878 - 474 páginas
...depend on the mode by which commerce is or may be conducted, nor the difficulties attending navigation. The capability of use by the public for purposes of...rather than the extent and manner of that use. If it is capable in its natural state of being used for purposes of commerce, no matter in what mode the... | |
 | 1901 - 1164 páginas
...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... | |
 | United States. Supreme Court - 1885 - 914 páginas
...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...be capable in its natural state of being used for purpose of commerce, no matter in what mode the commerce may be conducted, it Is navigable in fact,... | |
 | Ernest Howard Ruffner - 1885 - 208 páginas
...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...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... | |
 | Isaac Grant Thompson - 1886 - 968 páginas
...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...and becomes in law a public river or highway." As the resuft of the current of authorities, it may be conceded, that a stream of sufficient depth and... | |
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The capability of use by the public for purposes of transportation and commerce affords the true criterion of the navigability of a river, rather than the extent and manner of that use. If it be capable in its natural state of being used for purposes... 
