Gallup v. Tracy
Supreme Court of Connecticut
This was an action of trespass founded on the forty-third section of the “Act for the encouragement and regulation of fisheries,” for taking oysters from ground claimed by the plaintiff to have been staked out and occupied by him pursuant to the statute.'* At the term of the superior court holden at New London, in November, 1855, the following facts were found, and the case reserved for the advice of this court.
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This was an action of trespass founded on the forty-third section of the “Act for the encouragement and regulation of fisheries,” for taking oysters from ground claimed by the plaintiff to have been staked out and occupied by him pursuant to the statute.'* At the term of the superior court holden at New London, in November, 1855, the following facts were found, and the case reserved for the advice of this court. The plaintiff occupied a piece of ground in Poquetannock cove, about fourteen rods square, as a planting ground; and had at various times during the last twenty years, planted oysters…
1Opinion of the CourtEllsworth, J.
One of the questions made in this case is, whether the repeal of the statute on which the action is brought, since the commencement of the action, defeats its further prosecution. We think the plaintiff had acquired a vested right in the oysters which he had laid down, and to the occupation of the place where he laid them down, unless there be a defect in his title, which we shall consider in the sequel, and therefore, that the repeal of the statute did not take away this right of property.
There is some question, whether the vote of Ledyard extends to the waters of the Poquetannoek cove. We…
2Cases cited2 opinions
- People ex rel. Bishop v. Kingston & Middletown Turnpike Road Co.New York Supreme Court · 1840
- Green v. MillerNew York Supreme Court · 1810
3Cited by11 opinions
- Low v. Town of MadisonSupreme Court of Connecticut · 1948
- Martin v. LemonSupreme Court of Connecticut · 1857
- Kavanaugh v. City of WausauWisconsin Supreme Court · 1904
- First National Bank v. Town of Mount TaborSupreme Court of Vermont · 1879
- Chamberlain v. HemingwaySupreme Court of Connecticut · 1893
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