Case library · Whose Fish Are They?
The Staked Oyster Bed
Arnold v. Mundy (1821)
Charge: Exclusive private oyster bed vs. public rightCourt: Supreme Court of New JerseyState: New JerseyDocket: Whose Fish Are They?
Could a private owner hold an exclusive oyster bed in a navigable tidal river against a member of the public?
The facts
A farmer owned land along a tidal river. On the mud flat in front of his farm he bought young oysters, planted them, and drove stakes to mark the bed as his own. He traced his claim through old proprietary grants and a fresh survey fixing the exact spot. A neighbor rowed out, worked the bed with tongs and carried the oysters away. The farmer sued him for trespass.
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: Arnold v. Mundy, 6 N.J.L. 1 (N.J. 1821)
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