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Navigable

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

Capable of being navigated. In English law, only waters in which the tide flows are navigable in the technical sense.

5 Taunt. 705; Davies, 149.

In American law, any water is navigable which is used as a means of useful commerce.

112 111. 611; 42 Minn. 532; 110 N. y. 380.

The navigation need not b3 by boats. Wa-,ters used for floating rafts or logs are public highways for that purpose. 31 Mich. 336; 58 N. H. 304; 72 N. Y. 21L The capacity for navigation need not be perennial.

42 Wis. 203; 17 Ore. 165.

Nor need it be continuous through the entire length of the stream.

31 Me. 9.

The Niagara river has been held navigable, notwithstanding the obstruction of the falls. 37 Hun. (N. Y.) 537. "Those only are navigable waters where the public pass and repass upon them with vessels or boats in the prosecution of useful occupations. There must be some commerce or navigation which is essentially valuable. A hunter or fisherman, by drawing his boat through the waters of a brook or shallow creek, does not create navigation, or constitute their waters channels of commerce.

20 Conn. 217.