Washington Ice Co. v. Shortall

Citations

• 101 Ill. 46
• 1881 Ill. LEXIS 46

Syllabus

<p>1. Bipabian pbopbietok—on both sides owns the bed of the stream. A stream above the tide, although it may be navigable in fact, belongs to the riparian proprietors on each side of it to its center thread, unless the grant shows a contrary intention; and the only right the public has therein is an easement for the purpose of navigation. If the same person is the owner on both sides of a river, ho owns the whole stream to the extent of the length of his lands upon it. This is the rule of .the common law which has been adopted in this State.</p> <p>2. Same—rights of riparian proprietor to use of the water. A riparian owner has rights with respect to water in a running stream, which authorize the actual talcing of a reasonable quantity of the water for his own use for domestic, manufacturing and agricultural purposes. The limitation in extent of the use of the water is, that it shall not interfere with the public right of navigation, nor in a substantial degree diminish or impair the right of use of the water by a lower or upper proprietor, as it passes along his land.</p> <p>3. Same—rights of riparian owner, to ice on stream over his land. The just and reasonable use of the water which belongs to the riparian proprietor, in case of its being congealed into ice, would give him the unlimited use and appropriation of the ice as his exclusive property, of which he can not be deprived by a mere wrongdoer. The ice may be regarded as attached to the soil, and, like any other accession, may be considered as a part of the realty, and any stranger who enters upon the same and appropriates the ice to his own use, will be liable to the owner in trespass guare clausum, fregit.</p> <p>4. Measure oe damages—talcing and removing ice from stream over the land of another. Where a person takes the ice in a stream, over the land of another, to which the owner of the land has the exclusive right, the measure of damages in trespass for such wrongful taking is the value of the ice as soon