Porter v. Shehan

Massachusetts Supreme Judicial Court

Porter v. Shehan

73 Mass. 435

CourtMassachusetts Supreme Judicial Court

DecidedNovember 15, 1856

StatusPublished

Cited by2 cases

This text of 73 Mass. 435 (Porter v. Shehan) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Porter v. Shehan, 73 Mass. 435 (Mass. 1856).

Pincite

Opinion

Shaw, C. J.

The defendant, in virtue of the common right of fishery in the sea and on the sea shore, had no right to take the soil, or fish shells, part of the soil, except as slight portions of the soil would necessarily and ordinarily be attached to shell fish, when taken. No such public right exists, to take the soil of flats belonging to the proprietor of upland bounding on the sea, to be used as manure, although some living shell fish may be mixed in it. . Defendant defa/nlted.

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Shaw, C. J.

The defendant, in virtue of the common right of fishery in the sea and on the sea shore, had no right to take the soil, or fish shells, part of the soil, except as slight portions of the soil would necessarily and ordinarily be attached to shell fish, when taken. No such public right exists, to take the soil of flats belonging to the proprietor of upland bounding on the sea, to be used as manure, although some living shell fish may be mixed in it. . Defendant defa/nlted.

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Bluebook (online)

73 Mass. 435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/porter-v-shehan-mass-1856.

Opinion

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