Daniels v. Homer
Supreme Court of North Carolina
ActioN by B. T. Daniels against J. Q. Homer, heard by Judge Q. W. Ward, upon an agreed state of facts, at the Spring Term, 1905, of the Superior Court of Daee County. From a judgment in favor of the defendant, the plaintiff appealed.
1DissentOorwoR, J.
It is conceded that no person has a several right of fishery in the public navigable waters of the State. Collins v. Banbury, 25 N. C., 271; Skinner v. Hettrick, 73 N. C., 53. The Legislature has the right to prescribe regulations regarding the time, manner and means of fishing, etc., in such waters, including the power to prohibit the placing of nets, traps, etc., in such portion thereof as it may deem proper for the protection of the rights of the public ;■ it may declare such nets, etc., as are prohibited, or all . nets at certain places or fixed periods, public nuisances, and provide for…
2Cases cited31 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Simon v. CraftSupreme Court of the United States · 1901
- Lawton v. . SteeleNew York Court of Appeals · 1890
- Hoke v. . HendersonSupreme Court of North Carolina · 1833
- Sentell v. New Orleans & Carrollton R. Co.Supreme Court of the United States · 1897
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