Conneaut Lake Ice Co. v. Quigley

Citations

• 225 Pa. 605
• 74 A. 648
• 1909 Pa. LEXIS 708

Syllabus

<p>Appeals — Assignments of error — Assignments of error to the admission of evidence — Exceptions.</p> <p>1. Assignments of error to the admission of evidence are defective if they do not set forth the evidence admitted.</p> <p>2. Assignments of error to findings of fact and law, although showing that exceptions were filed, are defective if the dismissal of the exceptions is not assigned for error.</p> <p>3. Assignments of error to answers for requests for findings of law and fact will not be considered where no exceptions were taken to such answers.</p> <p>4. An assignment of error to a decree should set out the decree.</p> <p>Waters — Navigable lake — Act of March 21, 1798, 3 Sm. L. 320.,</p> <p>5. Where a lake is navigable in fact, it is navigable in law.</p> <p>6. If a body of water is sufficiently large and deep to serve the public in providing transportation to any considerable extent upon its bosom, it is sufficient to give the public an easement therein for the purpose of transportation and commercial intercourse.</p> <p>7. Submerged lands and lakes within the boundaries of the state belong to the state in trust for public use, substantially the same as submerged lands under navigable waters at common law.</p> <p>8. Where a meandered lake is nonnavigable in fact, the patentee of the land bordering on it takes to the middle of the lake; but where the lake is navigable in fact its waters and bed belong to the state in its sovereign capacity and the riparian patentee takes the fee only to the water's edge.</p> <p>9. The Act of March 21, 1798, 3 Sm. L. 320, declaring Conneaut Lake to be a public highway for the passage of boats and rafts was not a taking of property, but merely a-declaration on the part of the commonwealth that it made a particular use of a body of water which it already held for the benefit of the public.</p> <p>10. Where an owner of all of the land abutting on a navigable lake leases a portion of it for a term of 999 years, and inserts covena