Samuel Freeman Miller

“ We concur in nearly all that is said in the opinion, and in the general proposition that where a town lot or other land is bounded on a street or road, or other highway, the fee to which is in some other person than the lot-owner, his rights as a landowner do not extend beyond the street, and in case the street occupies the bank of a river or other water way, no riparian rights attach to the lot or its owner. ”

“ No equivalent is given to Young for this valuable right, on the supposition that it all vested in the United States; no epxress words are used conveying it to the United States or dedicating it to the public. It cannot be successfully maintained that the right attaches as appurtenant to the street. The uses of a street, and of a wharf are entirely different, and while a dedication of a street to public use may not be inconsistent with the use of a part of it for a landing-place, it cannot be said to have as appurtenant to it a right to build a wharf into the river. ”

“ It therefore could not have escaped attention if the entire water way of the river, and the right of approach to it, and use of it in regard to wharves and landing-places, was vested exclusively in the United States, that no equal division was made of this important right, unless it was by the right attached to each lot which, but for Water street would be bounded by the river. ”