Pitkin v. Olmstead

[Ed.’s note: The casebook excerpt incorrectly gives the court as the Connecticut Supreme Court.] Elisha Pitkin (plaintiff) owned property on the Connecticut River, which was a public navigable river. Nehemiah, Moses, and Samuel Olmstead (defendants) also owned property on the Connecticut River, which bordered on, and was immediately upstream from, Pitkin’s land. A fishing company had previously cleared a portion of the river for a fishing place. The fishing place was opposite the Olmsteads’ property. Pursuant to a lease signed in 1774, the Olmsteads permitted the fishing company to clear and draw seines (i.e., nets) on their land adjoining the river. The lease was renewed repeatedly until 1787, when the Olmsteads terminated the fishing company’s lease permitting use of their property. Following the termination of the lease, the fishing company sold its equipment to another, which then petitioned Pitkin for access to his land, which Pitkin granted. Subsequently, Pitkin and the company cleared the bed of the river opposite Pitkin’s property for fishing. In 1787 Pitkin and the company continually fished in the newly cleared fishing area, as well as the fishing area opposite the Olmsteads’ land, with their seine being drawn onto Pitkin’s property. The Olmsteads then constructed a barrier extending from their property approximately 100 feet into the river, below the common low-water mark, which obstructed fishing in the area. Pitkin filed suit against the Olmsteads, claiming they were guilty of trespass for interrupting his fishing operation. The facts were confirmed by the jury, which referred the case to the Connecticut Superior Court to decide the question of guilt based on applicable law.