What is the case law of the law of waters in this province and what is the impact of the courts in other states on the issue?
New Brunswick, Canada
The following excerpt is from Chessie v. J. D. Irving Ltd., 1982 CanLII 2918 (NB CA):
The same point was made in a case from Maine, a state whose courts have had considerable influence in the development of the law of waters in this province. In Woodman v. Pitman (1887), 79 Atl. 321 at p. 324, 79 Me. 456, Peters J. had this to say: It is an error, we think, to invest the right of passing on the ice in all places with the same degree of importance as that which attaches to the right of vessels in navigable waters. It may be an offshoot of the navigable right, — something akin to it, — but a right of a secondary or inferior degree.
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