Commonwealth v. Alger

61 Mass. 53 (1851)

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Commonwealth v. Alger

Massachusetts Supreme Court
61 Mass. 53 (1851)

  • Written by Rose VanHofwegen, JD

Facts

Cyrus Alger (defendant) owned waterfront property on a cove. He built a wharf on the tidal flats in front of his property, from the high- to low-tide mark. The wharf crossed a line delineated by statute around Boston harbor, which prohibited riparian owners from building any permanent structures over that line. The state indicted Alger, even though the wharf did not obstruct navigation. The municipal judge saw the potentially important legal issues presented and referred the case to the Massachusetts Supreme Court for consideration.

Rule of Law

Issue

Holding and Reasoning (Shaw, C.J.)

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