Carlisle Packing Co. v. Pacific American Fisheries

This action was brought to enjoin the defendants from so extending and building their fish trap as to encroach upon a fishing location of the plaintiff. In rendering judgment dismissing the action (no findings of fact were made — none was required, as this is an equitable action), the court stated, in its memorandum opinion, that the location of plaintiff’s trap in 1910 was invalid, because in conflict with the senior location of the defendants; therefore, plaintiff’s trap is now illegally located, which precludes enjoining of extension of defendants’ location. The court said:

“And if you…