Garey v. Ellis
Garey v. Ellis
Opinion of the Court
By the law, as it stood before the passing of the statutes of 1837, c. 229, and 1840, c. 35, any building beyond the line of low water mark, upon navigable tide waters, was an encroachment upon public right, and, if it obstructed navigation, was a public nuisance. The building, which is the subject of the alleged injury in the present case, is found by the jury to be below low water mark, and to be an obstruction to navigation. The plaintiff, being herself a
Judgment for the defendants.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.