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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... "
Admiralty and Maritime Law - Page 10
by Robert Force, A. N. Yiannopoulos, Martin Davies - 2006 - 752 pages
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Cases Decided in the United States Court of Claims ... with ..., Volume 124

United States. Court of Claims, Audrey Bernhardt - 1953 - 968 pages
...watercourse In question Is either used or susceptible of use In Its ordinary condition as a highway for commerce over which trade and travel are or may...the customary modes of trade and travel on water. The Daniel Ball, 10 Wall. 557, 603. We have found as a fact that the Missouri River IB navigable. 806...
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Cases Decided in the United States Court of Claims ... with ..., Volume 114

United States. Court of Claims, Audrey Bernhardt - 1950 - 824 pages
...watercourse in question is either used or is susceptible of use, in its ordinary condition, as a highway of commerce over which trade and travel are or may be...the customary modes of trade and travel on water. The Daniel Ball, 10 Wall. 557, 563. It is not the fact that the tide ebbs and flows in a stream, nor...
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Albany Law Journal, Volume 3

1871 - 530 pages
...capacity. Those rivers are public navigable rivers In law which are navigable in fact. Ib. 3. Rivers are navigable in fact when they are used, or are susceptible...the customary modes of trade and travel on water. Ib. 4. And they constitute navigable waters of the United States, within the meaning of the acts of...
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Cases Argued and Adjudged in the Supreme Court of the ..., Volume 10; Volume 77

United States. Supreme Court - 1871 - 726 pages
...capacity. Those rivers are public navigable rivers in law which are navigable in fact. ( 8. Rivers are navigable in fact when they are used, or are susceptible...ordinary condition, as highways for commerce, over which trndo and travel arc or may be conducted in the customary modes . of trade and travel on water. / 4....
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 10

United States. Supreme Court - 1871 - 730 pages
...navigable capacity. Those rivers are public navigable rivers In law which are navigable in fact. 8. Rivers are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, us highways for commerce, over which trade and travel are or may be conducted in tho customary modes...
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A Treatise on the American Law of Easements and Servitudes

Emory Washburn - 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...conducted in the customary modes of trade and travel on water.2 1 Stover ». Jack, 60 Penn. 339. See Crovert v. O'Connor, 8 Watts, 477. * The Daniel Ball,...
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Commentaries on American Law, Volume 1

James Kent - 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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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 20

United States. Supreme Court - 1875 - 750 pages
...Ball, where the court says: " Those' rivers must be.regarded as public navigable rivers in law which are navigable in fact when they are used, or are susceptible...over which trade and travel are or may be conducted iu the customary modes of travel on Water." And in the present case, on the former appeal, speaking...
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The Central Law Journal, Volume 2

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...in fact when they are used, or are susceptible of beingused, in their ordinary condition, as highways for commerce, over which trade and travel are or...
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The American Reports: Containing All Decisions of General ..., Volume 13

Isaac Grant Thompson - 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 trade...
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