Small v. Wallace

This is an action on the case for an alleged interference with the plaintiffs’ smelt fishing rights in the Narraguagus River in the town of Milbridge, the river at the locus in question being an arm of the sea where the tide ebbs and flows. The plaintiffs, who were in possession under claim of title of certain land adjoining the river on the west, in January, 1923, began their season’s smelt fishing, setting out from their shore -three nets, dropped down through the ice with the tails of the nets drawn back up stream. Approximately two hundred feet down river the defendants set a line of…