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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 22
by Robert Force, Athanassios N. Yiannopoulos, Martin Davies - 2006 - 492 pages
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Cases Decided in the United States Court of Claims ... with ..., Volume 124

United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 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 - Law reports, digests, etc - 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

Law - 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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Albany Law Journal, Volume 10

Law - 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 - Law reports, digests, etc - 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 - Law reports, digests, etc - 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 - 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...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 - 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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Official Opinions of the Attorneys General of the United States: Advising ...

United States. Department of Justice - Attorneys general's opinions - 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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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
...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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