Burns v. Crescent Gun & Rod Club

Citations

• 116 La. 1038
• 41 So. 249
• 1906 La. LEXIS 623

Syllabus

<p>1. Navigable Watebs —What Constitute.</p> <p>A stream is not navigable unless its navigability is shown by evidence; i. e., navigability is a question of fact.</p> <p>[Ed. Note.—For cases in point, see vol. 37, Cent. Dig. Navigable Waters, § 16.]</p> <p>2. Injunction — Navigable Watebs — Obstructing Use.</p> <p>One of the streams is navigable, to that extent the injunction sued for by plaintiff is maintained.</p> <p>3. Same.</p> <p>It does not appear that the other streams and waters are navigable, although it appears that occasionally pirogues and skiffs have been pulled over them. The ponds and bayous are grass-choked bodies of water.</p> <p>[Ed. Note.—For cases in point, see voi. 37, Cent. Dig. Navigable Waters, §§ 7, 9.]</p> <p>4. Same.</p> <p>They do not form part of the lake or its shores. Their waters are not those of the lake, although they at times feel the pulsations of its tide. They are containers of fresh water, and drain prairies and bayous.</p> <p>[Ed. Note.—For cases in point, see vol. 37, Cent. Dig. Navigable Waters, § 8.J</p> <p>(Syllabus by the Court.)</p>