¶1The river being a public navigable river, it is free for all the citizens, to navigate their vessels in and to draw seines for the purpose of taking fish — that the bed of the river is the private property of no one, but remains as public as the waters that flow in it — whoever therefore by labor and expense, clears a fish-place in its bed, acquires a right to occupy and enjoy it, in preference to any other; and by a long-continued possession and occupation, in the proper seasons, the right is strengthened and confirmed; and the defendants had no right to disturb or interrupt the plaintiffs in the exercise of their light in their own proper fishing-place, so long as they did not go upon their land.
1 Root 217
Pitkin v. Olmstead
Decided September 15, 1790
Connecticut Superior Court · decided 1790-09-15
<p>The bed of a navigable river as well as the waters of the river, are common to all the citizens of the state — and where any person clears a fish-place in the bed of the river and continues to occupy it, he acquires an exclusive right to fish in that place, so long as he keeps up his occupation, in the proper seasons for fishing.</p>
Decided 1790-09-15