Matthews v. Treat
Supreme Judicial Court of Maine
On report. An action to recover damages for infringing upon tbe plaintiff’s exclusive right of fishing within certain limits on the southerly side of Cape Jellison in Stockton. The writ was dated.
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On report. An action to recover damages for infringing upon tbe plaintiff’s exclusive right of fishing within certain limits on the southerly side of Cape Jellison in Stockton. The writ was dated. March 25, 1882. (Declaration.) "In a plea of trespass for that the said defendant on the first day of April, A. D. 1880, now last past, and on divers days and times between that day and the date of this writ with force and arms broke and entered the plaintiff’s close, fisbeiy and fishing privilege, situated in said Stockton on the southerly side of Cape Jellison, beginning on the south-easterly and…
1Opinion of the CourtDanforth, J.
In this action the plaintiff claims damages fora disturbance of his alleged right of fishery, the limits of whichi are fully described in the writ. The place is located upon an arm of the sea where tlie tide ebbs and flows.
The defence besides the general issue, is a denial of the plaintiff’s and a claim of title in the defendant, that the right claimed by the plaintiff is a public right, that whatever the defendant has done, was in the exercise of that right and that the plaintiff did not have the exclusive right of taking fish as described in his writ. Thus the defence is put upon two…
2Cases cited1 opinion
- Proctor v. WellsMassachusetts Supreme Judicial Court · 1869
3Cited by9 opinions
- Bosworth v. NelsonSupreme Court of Georgia · 1930
- Allen v. PotterNew York Supreme Court · 1970
- Baker v. PetrinSupreme Judicial Court of Maine · 1953
- Phoenix Title and Trust Company v. SmithArizona Supreme Court · 1966
- Perry v. DodgeSupreme Judicial Court of Maine · 1949
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