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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... "
The Central Law Journal - Page 295
1891
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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...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 Opinion...
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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
...susceptible of use, in its ordinary condition, as a highway of commerce over which trade and travel may be conducted in the customary modes of trade and travel on water. Navigable Waters ©=> 1 (3) Same; burden of proving navigability. — The burden of proving navigability...
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Albany Law Journal, Volume 3

1871 - 530 pages
...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 of being...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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Albany Law Journal, Volume 10

1874 - 436 pages
...regarded as navigable in law which are navigable in fact, being used or susceptible of being used in ordinary condition as highways for commerce over which...the customary modes of trade and travel on water, and as a navigable water of the United States when it forms by itself or by its connections with other...
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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
...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...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
...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
...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...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 - 826 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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Official Opinions of the Attorneys General of the United States: Advising ...

United States. Department of Justice - 1909 - 732 pages
...limits of New Mexico, being ;i stream over which in its ordinary condition trade and travel can not be conducted in the customary modes of trade and travel on water; that is to say, the point had been reached at which the river finally ceased to be navigable. Reviewing...
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The American Reports: Containing All Decisions of General ..., Volume 13

Isaac Grant Thompson - 1875 - 840 pages
...which are navigable in fact. And they are navigable In fact when they are used, or are susceptlol» <>f being used. In their ordinary condition, as highways...the customary modes of trade and travel on water. And a river Is a navigable water of the United States when It forms by Itself, or by Its connection...
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