Supreme Court of North Carolina May 1, 1968, 112 (Capune v. Robbins)

Bobbitt, J.

We consider first whether defendant had a legal right to forbid and prohibit plaintiff from passing under the pier on his paddleboard.

The Federal Statute, 33 U.S.C.A. § 403, relating to the obstruction of navigable waters, required that defendant’s predecessor, before constructing a pier, obtain permission to do so from the U. S. Corps of Engineers.