New Britain herald., 1923-04-20

nor fishing on any part of North Pond since 1865.
 Inhabitants Protest
 The inhabitants of the town of He. bron had up to 1865 fished in said pond from time immemorial. Deelara- tions were recalled of aged grandfath- CTS since deceased that they and their deceased fathers and grandfathers had fshed in said pond at all seasons of tho year unmolested by any one. and possibly Tneas himself. The in- habitants in the vicinity protested against what they considered an p. vasion of tho sacred rights enjoyed from time immemorial. But while Turner owned only small part of the soil in the pond he did own the water all oyer the pond by reason of hie dam therefore owned the fish in the water. Furthermore he had bought all the land surrounding the pond any one who tried even 10 get to Shelter Rock or any part of the shore was trespasser and 1t is recorded that no one could cross except with his consent, He claimed not only the water in the pond but the fish in the water. Tn one respect he was modest. He did not claim the soil below it ex- cept near the outlet nor the sky above 1t,
 He also claimed that having for over 20 years held the uninterrupteo possession of the pond as against al, corners he had the title by limitation by adverse possession as 1t were. On the other hand the inhabitants claimed as an unorganized body they had prior to 1885 enjoyed the right to fish in the pond and hold picnics at Shelter Rock from time immemorial. Their ancestors had done so unmolest-, ed as had also Joshua and owaneco, ! so that in length of time the inhabi- tants had the best of the argument. 1 But Turner had possession which is said to be none points of the law Tn this case it proved to be ten. He had prevented any one from encroaching on his preserves for over 20 years.
 Ah-Ha--A Highway
 The inhabitants were in a quandary as to how they could get their fish ing and picnic rights back that they had enjoyed so long. It is familiar maxim of the law that every mans house is his castle and may not be taken away from him without his consent. To this rule there are excep- tions. One is the power of eminent I domain when public necessity requires it. For example the right to run a railroad through it. No railroad wanted North Pond. It may have been that in the earlier days of Con- l necticut railroad might have become interested. They were easily interest ed in the earlier days--the stockhold- CTS of some of them today will so 1 testify. But the town of Hebron had a better plan. It would run a hign- way about one hundred rods in length from an old highway leading from Hebron Green to North Pond to the line of low water on said pond and included Shelter Rock in such high way.
 | It would condemn the land ef said Turner and pay him for the land they took according to the amount fixed by a. jury drawn from said inhabi- tants.
 It was a happy thought. They would once more get back their rights l that had been wrested from them. They would own Shelter Rock and in l fact planned the road near the rock to be considerably wider than or dinary roads so that teams might be hitched there.
 Accordingly. in 1888 the selectman of the town of Hebron. as provided by the statute, laid out public high l way over the land of said Turner. 1 This was, of course, on paper only | because Turner never permitted any one 10 get on said land without his consent This layout was accepted by 1 the town and things developed quite rapidly. It began to look as if said inhabitants would soon cross over ito own highway to Shelter Rock Blu, said Turner was on the job. He took an appeal from the doings of the selectman in laying out the highway. alleging that said highway was not of common convenience and necessity" as required by statute and the town was. therefore. powerless to lay out said highway.
 Court Findings
 The case went through the superior and supreme courts which latter court held:
 That the title to the soil under the