Bishop v. Baldwin
Michigan Supreme Court
Error to Chippewa; Steere, J. Case by Joseph Bishop against Cyrus W. Baldwin and the Peninsula Bark & Lumber Company for damages to plaintiff’s fishing nets. There was judgment for plaintiff, and defendants bring error. On July 27, 1905, and for some time previous thereto, plaintiff had two pound nets set in the waters off shore in Bay Mills township, Chippewa county. The river or bay at this point is about four miles wide. The channel bank begins at 22 feet of water.
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Error to Chippewa; Steere, J. Case by Joseph Bishop against Cyrus W. Baldwin and the Peninsula Bark & Lumber Company for damages to plaintiff’s fishing nets. There was judgment for plaintiff, and defendants bring error. On July 27, 1905, and for some time previous thereto, plaintiff had two pound nets set in the waters off shore in Bay Mills township, Chippewa county. The river or bay at this point is about four miles wide. The channel bank begins at 22 feet of water. The current is southeast. The nets were set at right angles with the shore; the stakes nearest the shore being from to 5 rods…
1Opinion of the CourtOstrander, J.
(after stating the facts). Counsel for appellants contends that plaintiff had no right to fish with these nets in the waters in which they were placed. The ground of this contention is:
1. That the nets were in the waters of St. Mary’s river and not in those of White Fish Bay; that 2 Comp. Laws, § 5865, makes it unlawful for any person to catch fish at any time with pound nets in any waters of the State, excepting those specified in the statute; and that St. Mary’s river is not specified.
2. That St. Mary’s river is a national highway of commerce, and the State can pass no. effective law…
2Cases cited6 opinions
- Lincoln v. DavisMichigan Supreme Court · 1884
- Weight v. MulvaneyWisconsin Supreme Court · 1890
- People's Ice Co. v. The Steamer "Excelsior."Michigan Supreme Court · 1880
- Hopkins v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1902
- Cobb v. BennettSupreme Court of Pennsylvania · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Agger v. Beatrice & RoseDistrict Court, D. Maine · 1949