Baylor v. Decker
Pennsylvania Court of Common Pleas, Lackawanna County
No. 369 January Term 1889, Sup. Ct.; court below, No. 38 October Term 1880, C. P. On June 14, 1880, William Baylor brought trespass vi et armis et de bonis asportatis against W. S. Decker, William ' Blume and ten others, to recover damages for taking fish in “ Baylor’s Pond,” formerly “ Finn’s Pond.” (See Reynolds v. Commonwealth, 93 Pa. 458.) Issue.
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No. 369 January Term 1889, Sup. Ct.; court below, No. 38 October Term 1880, C. P. On June 14, 1880, William Baylor brought trespass vi et armis et de bonis asportatis against W. S. Decker, William ' Blume and ten others, to recover damages for taking fish in “ Baylor’s Pond,” formerly “ Finn’s Pond.” (See Reynolds v. Commonwealth, 93 Pa. 458.) Issue. At the trial on January 18, 1889, facts were shown sufficiently appearing in the charge to the jury, Gunster, P. J.: This is an action of trespass brought by William Baylor, the plaintiff, against the defendants, to recover damages which he…
1Per curiam
The thirty assignments, and the able argument in support of them, have failed to convince us that the learned judge below erred either in his rulings upon the evidence or upon the law. The plaintiff below established his right to the pond in question, and it is a mistake to suppose that the public or the defendants have the right to fish there at pleasure. The mere ownership of a strip of the shore gave no rights of ownership in the pond itself. M aoli less would it enable such shore owners to give others a license to fish there. The fact that a man is owner of an adjoining piece of property,…
2Cited by13 opinions
- Miller v. Lutheran Conference and Camp Ass'nSupreme Court of Pennsylvania · 1938
- Shaffer v. Baylor's Lake Ass'nSupreme Court of Pennsylvania · 1958
- Herrin v. SutherlandMontana Supreme Court · 1925
- Loughran v. MatylewiczSupreme Court of Pennsylvania · 1951
- Kao v. HaldemanSupreme Court of Pennsylvania · 1999
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