Chapter 74 Question 065

Why is it sometimes illegal for islanders to prevent strangers from using private jetties? On November 13, 1904, several members of the Ploof family were rowing on Lake Chamberlain when they encountered a storm.In order to shelter from the wind and rain, they moored the sailboat at a private jetty owned by Putnam, who lived on an island in the lake.Putnam sent a servant to get the Plovs to sail off the dock.They did so, but not long after, the sailboat encountered another storm.Several people were injured, but all survived.Soon afterward, the Ploofs sued Putnam, and in 1908 a Vermont court ruled in their favor.Why did Putnam break the law by denying the Plov family access to the pier?

Private property laws grant property owners great discretion over the use of their property.But this is not an absolute power.The Vermont court held that the cost of denying the Plovs their right to shelter from a storm far outweighed the benefits of Putnam's absolute control of his marina.