77 Me. 100 | Me. | 1885
In this State, ponds containing more than ten acres are public; and the right to cut ice upon them is a public right, free to all. In this particular, the right of a riparian owner is no greater than that of every other citizen. And the exercise of the right by a riparian proprietor, although continued for more than twenty years, will not enlarge his right. It will still be no more than a right in common. It will not thereby be changed from a common to an exclusive right. The exercise of such a right is in no respect adverse or aggressive, and prescription can not be predicated upon its exercise, however long continued. The right to take ice from a public pond, like all
Such being the law, of course the plaintiffs’ bill, in which they ask that the defendants may be enjoined from cutting ice " between the shores under their (the plaintiffs’) ownership or control and the center of the pond in front of the same,” can not be sustained. But, as the principal question is a new one in this State, and there is evidence that the defendants as well as the plaintiffs have claimed greater rights than they are entitled to, and it was equally important to both parties to have their rights judicially determined, we think the bill should be dismissed without costs.
Bill dismissed. JSfo eosts.