LAKESIDE PARK CO. v. FORSMARK


396 Pa. 389 (1959)

Lakeside Park Co., Appellant, v. Forsmark.

Supreme Court of Pennsylvania.

July 2, 1959.


Attorney(s) appearing for the Case

E.V. Buckley, with him L.R. Rickard, for appellant.

Martin E. Cusick, with him Donald R. McKay, and Wiesen, Cusick, Madden, Joyce, Acker and McKay, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.


OPINION BY MR. JUSTICE BOK, July 2, 1959:

The single question is whether or not Sandy Lake, in Mercer County, is navigable. The court below held that it was. We think this was error.

What depends is that defendant wants to make commercial use of his shore-front property, which he may do if the lake is navigable and public, but which he may not do if it is non-navigable and private.

The lake is 27th in size among the State's 254. It is 5070 feet long...

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