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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... "
Protection and Development of Lower Colorado River Basin - Page 298
by United States. Congress. House. Committee on Irrigation and Reclamation - 1924
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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 may be conducted...the customary modes of trade and travel on water. Id. XXI. The burden of proving navigability is on the party asserting it; and in the instant case it...
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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
...susceptible of use In Its ordinary condition as a highway for commerce over which trade and travel are or may be conducted In 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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Albany Law Journal, Volume 3

Law - 1871 - 530 pages
...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. Ib. 4. And they constitute navigable waters of the United States, within the meaning of the acts of...
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Commentaries on American Law, Volume 1

James Kent - Law - 1873 - 820 pages
...said to be navigable which are susceptible of being used, in their ordinary condition, as 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 tort is said to depend entirely on...
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A Treatise on the American Law of Easements and Servitudes

Emory Washburn - Servitudes - 1873 - 830 pages
...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.2 1 Stover ยป. 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 - 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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The American Reports: Containing All Decisions of General ..., Volume 13

Isaac Grant Thompson - Law reports, digests, etc - 1875 - 840 pages
...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. 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 - Law reports, digests, etc - 1875 - 750 pages
...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. And a river is a navigable water of the United States when it forms by itself, or by its connection...
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Reports of Admiralty and Revenue Cases Argued and Determined in ..., Volume 1

Henry Billings Brown - Admiralty - 1876 - 620 pages
...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 Daniel Ball, 10 Wall. 557). That Saginaw river, from Saginaw City to its mouth, upon which the...
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A Treatise on the Law of Boundaries and Fences: Including the Rights of ...

Ransom Hebbard Tyler - Boundaries (Estates) - 1876 - 604 pages
...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 ; and it was further declared that they constitute navigable waters of the United States, within the...
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