Publisher's Synopsis
Excerpt from A Treatise on the Right of Property in Tide Waters: And in the Soil and Shores Thereof
The first case is that of Blundell v. Catterall, in the English Court of King's Bench, in the year 1821, which is important, as deciding that the public have no right, by the common law, to pass over a part of the shore of the sea, which is owned by an individual, for the purpose of bathing and it is the first and only case in which that right was ever made the subject of controversy. What besides entitles the case to a place in the Appendix, and to the student's particular attention, is an elaborate discus sion by each of the judges, in delivering his opinion, of the general principles of law in respect to the right of property in tide waters, in connection with the private rights of riparian proprietors; and a learned review of the early authorities, by which those principles were first es tablished. The want of unanimity in the opinions of the judges gives to it an additional interest.
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