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" 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 travel are or may be conducted in the customary modes of trade and travel on water. "
The State Department Reports of the State of New York - Page 59
by New York (State) - 1918
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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
...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 travel...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 United States, Volume 10

United States. Supreme Court - 1871 - 730 pages
...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 of trade and travel on water. 4. And they constitute navigable waters of the United...
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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
...being used, in their 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. And they constitute navigable waters of the United States within tho meaning of the acts of Congress,...
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A Treatise on the American Law of Easements and Servitudes

Emory Washburn - 1873 - 830 pages
...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 travel...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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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
...navigable In fact when they are used, or are susceptlol» <>f being used. In their ordinary condition, as highways for commerce, over which trade and travel...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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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 20

United States. Supreme Court - 1875 - 750 pages
...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 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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Reports of Admiralty and Revenue Cases Argued and Determined in ..., Volume 1

Henry Billings Brown - 1876 - 620 pages
...public navigable waters which are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel...in the customary modes of trade and travel on water (The Daniel Ball, 10 Wall. 557). That Saginaw river, from Saginaw City to its mouth, upon which the...
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