Summers v. People

This was a prosecution against plaintiffs in error for a violation of Sec. 2 of the act of 1885 commonly known as the Fish Law. This section provides: “ That no person shall place, cause to be placed or erected, any seine, net, wire, fish dam or other obstruction in, or across * * * any watercourse in such manner as shall obstruct the free passage of fish up or down or through such watercourse.”

The evidence discloses that plaintiffs in error set a net with wings which reached nearly to the banks on either side. Some of the witnesses stated that the wings came within a few inches of the hanks,…