Am. River Water Co. v. Amsden

Citations

• 6 Cal. 443

Syllabus

<p>A river beyond the ebb and flow of the tide may be navigable, when it has sufficient depth and width to float a vessel used in the transportation of freight or passengers ; and this has been extended to its capacity to float rafts of lumber.</p> <p>To go beyond this and declare a stream navigable which can float a log, would be to turn a rule intended for the benefit of the public, into an instrument of serious detriment to individuals, if not of actual private oppression.</p> <p>The only other instance in which a stream is navigable, is when it is so declared by statute, and when so declared navigable to a certain point, by implication it is declared non-navigable above that point.</p>