Beckman v. Kreamer

Citations

• 43 Ill. 447

Syllabus

<p>1. EAsmrEr~T-~fght to flsT~- owner of 80g. By the common law, a right to take fish belongs so essentially to the right of soil in streams or bodies of water where the tide does not ebb and flow, that, if the riparian proprietor owns upon both sides of such stream, no one but himself may come upon the limits of his land and take fish there; and the same rule applies so far as his land extends, to wit, to the thread of the stream, where he owns upon one side only. Within these limits, by the common law, his right of fishery is sole and exclusive, unless restricted by some local law, or well established usage of the State, where the premises may be situate.</p> <p>2. Trespass. Appellees owned a tract of land on wMch was a small sheet of water having an outlet to Kankakee river. Appellants, against the will of appellees, entered upon the premises for the purpose of fishing. Held, that the entry was a trespass, for which an action of trespass lay.</p> <p>3. Apportionment&emdash;discretion of court in apportionment of costs. In apportioning costs under our statute, in case of an appeal from a judgment of a justice of the peace, the Circuit Court must take a view of the whole case and ascertain where the justice of it is, and so apportion the costs.</p>