6. Lily Lake (Wall Pond) in Lackawanna County, covers 84 acres and was used commercially for ice harvesting and fishing. It is the subject of Fuller v. Cole, 33 Pa. Super. 563 (1907). 7. Sawkill Pond, in Pike County, covers 80 acres, was used for boating, and had a dock for row boats and a raft for swimming. It is discussed in Cryer v. Sawkill Camp, 88 Pa. Super. 71 (1926), and was called "commercially non-navigable." 8. Finally, Lake Quinsigmond, or Bronson's Pond, in Wayne County, covers 150 to 200 acres and has been used since 1905 for fishing, boating, swimming, and cutting ice: later it became a reservoir.

"Coming to the merits of the controversy, it is initially to be observed that no boating, bathing or fishing rights can be, or are, claimed by defendant as a riparian owner. Ordinarily, title to land bordering on a navigable stream extends to low water mark subject to the rights of the public to navigation and fishery between high and low water, and in the case of land abutting on creeks and non-navigable rivers to the middle of the stream, but in the case of a non-navigable lake or pond where the land under the water is owned by others, no riparian rights attach to the property bordering on the water, and an attempt to exercise any such rights by invading the water is as much a trespass as if an unauthorized entry were made upon the dry land of another: Baylor v. Decker, 133 Pa. 168; Smoulter v. Boyd, 209 Pa. 146, 152; Gibbs v. Sweet, 20 Pa. Super. 275, 283; Fuller v. Cole, 33 Pa. Super. 563; Cryer v. Sawkill Pines Camp, Inc., 88 Pa. Super. 71. . . "But, while Frank C. Miller acquired by grant merely boating and fishing privileges, the facts are amply sufficient to establish title to the bathing rights by prescription.

Coming to the merits of the controversy, it is initially to be observed that no boating, bathing or fishing rights can be, or are, claimed by defendant as a riparian owner. Ordinarily, title to land bordering on a navigable stream extends to low water mark subject to the rights of the public to navigation and fishery between high and low water, and in the case of land abutting on creeks and non-navigable rivers to the middle of the stream, but in the case of a non-navigable lake or pond where the land under the water is owned by others, no riparian rights attach to the property bordering on the water, and an attempt to exercise any such rights by invading the water is as much a trespass as if an unauthorized entry were made upon the dry land of another: Baylor v. Decker, 133 Pa. 168; Smoulter v. Boyd, 209 Pa. 146, 152; Gibbs v. Sweet, 20 Pa. Super. 275, 283; Fuller v. Cole, 33 Pa. Super. 563; Cryer v. Sawkill Pines Camp, Inc., 88 Pa. Super. 71. Black v. American International Corporation, 264 Pa. 260, 262.

See State of Oklahoma v. State of Texas, 260 U.S. 606, 43 Supreme Ct. Rep. 221, also an interesting discussion of this same subject by Mr. Justice STOREY, by which he arrived at the same conclusion in Thomas v. Hatch, 3 Sumn. 170 Fed. Cas. No. 13899; Hatch v. Dwight, 17 Mass. 289, 9 Am. Dec. 145; Stone v. Augusta, 46 Me. 127. In the case of Cryer v. Sawkill Camp, 88 Pa. Super. 71, 79, Judge KELLER in his opinion points out the recognized distinction between grants where the course is described as running "along the pond," or "along the stream," and those where the line runs "along the bank," or "along the shore," of the pond or stream. Also see Smoulter v. Boyd, 209 Pa. 146; Fuller v. Cole, 33 Pa. Super. 563.