cress
argued
december
decided
march
assistant
attorney
general
thompson
cox
seth
shepard
plaintiff
error
assistant
attorney
general
thompson
plaintiff
error
brief
filed
defendant
error
winn
defendant
error
justice
pitney
delivered
opinion
cases
argued
together
involved
similar
questions
may
disposed
single
opinion
actions
brought
district
respective
defendants
error
paragraph
judicial
code
act
march
chap
stat
comp
stat
recover
compensation
taking
lands
water
rights
means
backwater
resulting
construction
maintenance
government
certain
locks
dams
upon
cumberland
kentucky
rivers
respectively
state
kentucky
aid
navigation
upon
rivers
findings
district
substance
time
erection
lock
dam
cumberland
river
plaintiff
owner
acres
land
whiteoak
creek
tributary
cumberland
far
distant
river
reason
erection
lock
dam
acres
land
subject
frequent
overflows
water
river
depreciate
one
half
value
ford
across
whiteoak
creek
part
pass
way
destroyed
acres
worth
damage
thereto
damage
land
destruction
ford
plaintiff
entitled
recover
sum
may
supposed
whiteoak
creek
navigable
stream
finding
subject
findings
effect
time
erection
government
lock
dam
kentucky
river
plaintiffs
together
another
person
joined
defendant
owners
possession
tract
land
situate
miller
creek
branch
kentucky
containing
acres
upon
mill
mill
seat
reason
erection
lock
dam
mill
longer
driven
water
power
water
lock
dam
pool
stage
foot
crest
milldam
prevents
drop
current
necessary
run
mill
part
land
mill
overflowed
covered
pool
stage
water
mill
physically
damaged
thereby
miller
creek
navigable
stream
damages
sustained
owners
mill
representing
depreciation
value
mill
property
cutting
water
power
amount
judgments
entered
favor
respective
landowners
sums
mentioned
findings
together
interest
costs
suits
appealed
fundamental
contention
made
behalf
government
one
applies
cases
control
congress
secretary
war
acting
navigation
cumberland
kentucky
rivers
must
also
include
control
tributaries
order
improve
navigation
places
mentioned
findings
necessary
erect
dams
back
water
right
must
include
also
right
raise
water
tributary
streams
passing
upon
contention
may
assume
without
however
deciding
rights
defendants
error
greater
riparian
owners
upon
rivers
instead
upon
tributary
creeks
authority
establish
rules
property
may
deem
expedient
respect
streams
water
within
borders
navigable
ownership
lands
forming
beds
banks
barney
keokuk
ed
packer
bird
ed
sup
hardin
jordan
ed
sup
shively
bowlby
ed
sup
anthony
falls
water
power
water
comrs
ed
sup
subject
however
case
navigable
streams
paramount
authority
congress
control
navigation
far
may
necessary
regulation
commerce
among
foreign
nations
shively
bowlby
ed
sup
gibson
ed
sup
scott
lattig
ed
sup
exercise
authority
subject
turn
inhibition
amendment
taking
private
property
public
use
without
compensation
monongahela
nav
ed
sup
lynah
ed
sup
state
kentucky
like
union
determines
navigability
streams
far
public
right
concerned
test
ebb
flow
tide
manifestly
inapplicable
state
wholly
remote
sea
test
navigability
fact
thurman
morrison
mon
morrison
thurman
mon
goodin
kentucky
lumber
murray
preston
banks
frazier
ireland
bowman
ann
cas
sustaining
private
ownership
beds
streams
navigable
according
rule
berry
snyder
bush
miller
hepburn
bush
williamsburg
boom
smith
wilson
watson
robinson
wells
incidental
rights
flow
stream
natural
state
anderson
cincinnati
southern
general
rule
private
ownership
property
beds
waters
navigable
streams
subject
exercise
public
right
navigation
governmental
control
regulation
necessary
give
effect
right
fully
established
amply
illustrated
recent
decisions
mere
reference
cases
suffice
scranton
wheeler
ed
sup
philadelphia
stimson
ed
sup
water
power
ed
sup
lewis
blue
point
oyster
cultivation
briggs
ed
sup
ann
cas
lumber
garrison
ed
sup
willink
ed
sup
rule
like
every
limits
present
cases
require
us
ascertain
dividing
line
public
private
right
important
inquire
streams
within
meaning
rule
kentucky
rejected
test
tidal
flow
adopted
test
navigability
fact
recognizing
private
ownership
beds
navigable
streams
numerous
cases
arisen
necessary
draw
line
public
private
right
waters
alleged
navigable
unbroken
current
authorities
become
well
established
test
navigability
fact
applied
stream
natural
condition
artificially
raised
dams
similar
structures
public
right
measured
capacity
stream
valuable
public
use
natural
condition
riparian
owners
right
enjoyment
natural
flow
without
burden
hindrance
imposed
artificial
means
public
easement
beyond
natural
one
arise
without
grant
dedication
save
condemnation
appropriate
compensation
private
right
cases
exemplifying
propositions
cited
marginal
note
found
case
contrary
apparent
real
exception
new
york
case
canal
appraisers
people
wend
decision
rested
pp
upon
ground
bed
mohawk
river
property
state
authority
case
limited
accordingly
later
decisions
last
resort
state
canal
fund
comrs
kempshall
wend
child
starr
hill
ft
plain
bridge
smith
smith
rochester
fulton
light
heat
state
many
state
courts
including
appeals
kentucky
held
also
legislature
simple
declaration
stream
shall
public
highway
fact
navigable
natural
state
appropriate
public
use
private
rights
therein
without
compensation
morgan
king
barb
chenango
bridge
paige
murray
preston
stuart
clark
swan
walker
board
public
works
ohio
olive
state
people
ex
rel
ricks
water
elk
river
mill
lumber
cal
pac
see
thunder
bay
river
booming
speechly
koopman
blodgett
followed
line
distinction
test
navigability
fact
applied
streams
natural
condition
effect
held
daniel
ball
wall
ed
case
turned
upon
question
whether
grand
river
state
michigan
one
waters
within
meaning
acts
congress
regulated
vessels
carrying
merchandise
passengers
upon
waters
justice
field
speaking
showing
tidal
test
applicable
country
said
different
test
must
therefore
applied
determine
navigability
rivers
found
navigable
capacity
rivers
must
regarded
public
navigable
rivers
law
navigable
fact
navigable
fact
used
susceptible
used
ordinary
condition
highways
commerce
trade
travel
may
conducted
customary
modes
trade
travel
water
point
set
forth
clearly
montello
wall
ed
question
whether
fox
river
state
wisconsin
navigable
water
within
meaning
acts
congress
rapids
falls
river
obstructions
caused
removed
artificial
means
furnish
uninterrupted
water
communication
steam
vessels
considerable
capacity
argued
although
river
might
considered
highway
commerce
conducted
ordinary
modes
natural
state
therefore
navigable
water
within
purview
daniel
ball
decision
accepting
navigability
natural
state
river
proper
test
proceeded
show
even
improvements
resulting
unbroken
navigation
undertaken
large
successful
interstate
commerce
carried
river
means
durham
boats
vessels
feet
length
feet
beam
drawing
loaded
feet
water
justice
davis
declared
narrow
rule
hold
country
unless
river
capable
navigated
steam
sail
vessels
treated
public
highway
capability
use
public
purposes
transportation
commerce
affords
true
criterion
navigability
river
rather
extent
manner
use
capable
natural
state
used
purposes
commerce
matter
mode
commerce
may
conducted
navigable
fact
becomes
law
public
river
highway
freshwater
rivers
originally
present
serious
obstructions
uninterrupted
navigation
cases
like
fox
river
may
great
last
prevent
use
best
instrumentalities
carrying
commerce
vital
essential
point
whether
natural
navigation
river
affords
channel
useful
commerce
river
navigable
fact
although
navigation
may
encompassed
difficulties
reason
natural
barriers
rapids
sand
bars
numerous
decisions
state
courts
cited
supporting
view
including
referred
pumpelly
green
bay
canal
wall
ed
involved
right
compensation
land
overflowed
backwater
dam
erected
maintained
fox
river
authority
state
wisconsin
improvement
navigation
permissible
exercise
state
power
absence
action
congress
although
interstate
navigable
water
willson
black
bird
creek
marsh
pet
ed
gilman
philadelphia
wall
ed
raising
river
natural
stage
means
artificial
structure
gravamen
complaint
argued
state
might
interest
public
works
may
deemed
expedient
purpose
improving
navigation
increasing
usefulness
navigable
river
without
rendering
liable
individuals
owning
land
bordering
river
injuries
lands
resulting
overflow
reason
improvements
overruled
contention
held
taking
without
compensation
contrary
applicable
provision
constitution
wisconsin
lynah
ed
sup
principle
applied
case
operation
government
improvement
navigation
savannah
river
certain
dams
obstructions
placed
maintained
bed
result
faising
water
natural
height
backing
plaintiff
embankment
upon
river
interfering
drainage
plantation
held
pp
taking
private
property
requiring
compensation
amendment
notwithstanding
work
done
government
improving
navigation
navigable
river
raising
water
natural
level
held
invasion
private
property
thereby
flowed
several
cases
limitation
public
right
natural
state
stream
recognized
packer
bird
ed
sup
rio
grande
dam
irrig
ed
sup
leovy
ed
sup
follows
said
servitude
owned
lands
forming
banks
bed
stream
interests
navigation
natural
servitude
confined
streams
ordinary
natural
condition
navigable
fact
confined
natural
condition
stream
assuming
riparian
owners
upon
tributaries
navigable
streams
subject
inconveniences
may
arise
exercise
common
right
navigation
like
manner
must
limited
natural
right
findings
make
clear
dams
question
constructed
government
cumberland
kentucky
rivers
respectively
raising
level
streams
along
certain
stretches
means
backwater
render
extent
raising
artificial
canals
instead
natural
waterways
language
engineering
government
rivers
intimate
doubt
power
carry
kind
improvement
doubt
upon
completion
improvements
rivers
cumberland
avenue
communication
two
kentucky
also
cumberland
connection
ohio
mississippi
rivers
furnish
highways
commerce
among
many
gilman
philadelphia
wall
ed
daniel
ball
wall
ed
south
carolina
georgia
ed
navigable
waters
purposes
federal
jurisdiction
regulation
notwithstanding
artificial
character
improvements
ex
parte
boyer
ed
sup
robert
parsons
perry
haines
ed
sup
authority
make
improvements
branch
power
regulate
interstate
foreign
commerce
already
stated
power
like
others
must
exercised
private
property
taken
subordination
amendment
monongahela
nav
ed
sup
lynah
ed
sup
deem
clear
much
properties
respective
defendants
error
unaffected
flow
rivers
tributaries
prior
construction
locks
dams
question
private
property
subject
overflowed
without
compensation
raising
level
rivers
means
artificial
dams
cases
proper
relation
cases
gibson
ed
sup
water
thrown
back
claimant
land
damage
confined
interference
access
thence
navigable
portion
river
scranton
wheeler
ed
sup
likewise
interruption
access
riparian
land
navigable
channel
bedford
ed
sup
damage
claimant
land
resulted
operation
conducted
government
miles
farther
river
jackson
ed
sup
owners
lands
east
bank
mississippi
claimed
compensation
taking
property
reason
effect
levees
built
west
bank
opposite
lands
part
system
levees
designed
prevent
crevasses
retain
water
river
thus
improve
navigation
direct
invasion
lands
claimants
damages
altogether
consequential
right
compensation
denied
ground
contended
damage
cress
land
overflow
acres
depreciated
value
extent
one
half
measure
taking
injury
government
liable
findings
however
render
plain
case
temporary
flooding
consequential
injury
permanent
condition
resulting
erection
lock
dam
land
frequent
overflows
water
river
overflowing
lands
permanent
backwater
direct
invasion
amounting
taking
settled
pumpelly
green
bay
canal
wall
ed
lynah
ed
sup
true
pumpelly
case
almost
complete
destruction
lynah
case
complete
destruction
value
lands
present
case
value
impaired
extent
one
half
character
invasion
amount
damage
resulting
long
damage
substantial
determines
question
whether
taking
said
speaking
justice
brewer
lynah
ed
sup
government
construction
dam
public
works
floods
lands
belonging
individual
substantially
destroy
value
taking
within
scope
amendment
government
directly
proceed
appropriate
title
yet
takes
away
use
value
done
little
consequence
fee
may
vested
course
results
proceeding
must
regarded
actual
appropriation
land
including
possession
right
possession
fee
amount
awarded
compensation
paid
title
fee
whatever
rights
may
attach
thereto
case
least
belong
riparian
proprietor
government
becomes
henceforth
full
owner
difference
kind
degree
permanent
condition
continual
overflow
backwater
permanent
liability
intermittent
inevitably
recurring
overflows
principle
right
compensation
must
arise
one
case
substantial
enjoyment
land
still
remains
owner
may
treated
partial
instead
total
devesting
property
land
taking
condemnation
interest
less
fee
familiar
law
eminent
domain
formal
proceedings
initiated
party
condemning
usual
proper
specify
precise
interest
taken
less
fee
case
property
owner
resorts
courts
may
recover
compensation
actually
taken
upon
principle
government
act
taking
impliedly
promised
make
compensation
dictates
justice
terms
amendment
require
great
falls
mfg
ed
sup
lynah
ed
sup
appears
less
whole
taken
paid
right
interest
deemed
pass
necessary
fairly
effectuate
purpose
taking
case
respect
acres
land
constantly
intervals
overflowed
fee
may
permitted
remain
owner
subject
easement
overflow
water
often
necesarily
may
result
operation
lock
dam
purposes
navigation
question
made
allowance
damage
land
destruction
ford
across
whiteoak
creek
pass
way
deem
objection
unsubstantial
said
nothing
show
cress
acquired
ownership
ford
appear
right
pass
adjoining
land
one
brown
seems
us
however
findings
meager
sufficiently
import
cress
right
private
way
ford
appurtenant
land
damage
land
destruction
ford
brings
case
squarely
within
welch
ed
sup
ann
cas
grizzard
ed
sup
contention
backwater
confined
miller
creek
amount
taking
land
findings
render
plain
necessary
effect
raising
creek
dam
extent
destroy
power
milldam
essential
value
mill
findings
put
water
lock
dam
pool
stage
foot
crest
milldam
prevents
drop
current
necessary
run
mill
law
kentucky
ownership
bed
creek
subject
natural
flow
water
recognized
fully
ownership
mill
right
water
flow
away
milldam
unobstructed
except
course
nature
mere
easement
appurtenance
exists
law
nature
inseparable
part
land
destruction
right
taking
part
land
gardner
newburgh
johns
ch
tyler
wilkinson
mason
fed
cas
johnson
jordan
met
wadsworth
tillotson
parker
griswold
harding
stamford
water
holsman
boiling
spring
bleaching
eq
beach
sterling
iron
zinc
eq
atl
scriver
smith
crook
hewitt
pac
rigney
tacoma
light
water
pac
benton
johncox
pac
lux
haggin
cal
pac
hargrave
cook
cal
pac
pine
new
york
fed
fed
wood
waud
exch
eng
reprint
exch
jur
eng
rul
cas
dickinson
grand
junction
canal
exch
eng
reprint
exch
jur
stokoe
singers
el
bl
eng
reprint
jur
week
erle
cases
urged
error
allowing
costs
government
section
judicial
code
stat
chap
comp
stat
suits
brought
originated
provisions
tucker
act
march
chap
stat
comp
stat
argument
government
act
costs
recoverable
district
claims
yet
judicial
code
repealed
tucker
act
exception
relate
matters
procedure
longer
authority
law
allowing
costs
suits
brought
district
fact
judicial
code
besides
clause
repealing
tucker
act
exceptions
mentioned
contains
final
paragraph
repeal
acts
parts
acts
far
embraced
within
superseded
act
provision
tucker
act
conferring
upon
district
courts
concurrent
jurisdiction
claims
certain
claims
carried
code
provision
tucker
act
allowance
costs
government
carried
true
part
chapter
code
entitled
jurisdiction
part
chapter
entitled
claims
declared
enacted
follows
provisions
act
far
substantially
existing
statutes
shall
construed
continuations
thereof
new
enactments
shall
implication
change
intent
reason
change
words
statute
unless
change
intent
shall
clearly
manifest
sec
arrangement
classification
several
sections
act
made
purpose
convenient
orderly
arrangement
therefore
inference
presumption
legislative
construction
drawn
reason
chapter
particular
section
placed
plain
code
applies
suits
district
courts
well
claims
judgment
affirmed
justice
mcreynolds
took
part
consideration
decision
cases
footnotes
wadsworth
smith
brown
chadbourne
treat
lord
pearson
rolfe
moore
sanborne
thunder
bay
river
booming
speechly
witheral
muskegon
booming
east
branch
sturgeon
river
improv
white
lumber
koopman
blodgett
goodin
kentucky
lumber
murray
preston
banks
frazier
morgan
king
chenango
bridge
paige
ten
eyck
warwick
hun
supp
weise
smith
goodwill
police
jury
la
ann
smith
fonda
miss
east
hoquiam
boom
logging
neeson
pac
stuart
clark
swan
irwin
brown
shannon
cas
webster
harris
little
rock
brooks
ark