Williams v. Delano
Massachusetts Supreme Judicial Court
Tort. The first count was for the conversion of a sailboat, and its tackle and furniture, with four scallop dredges and five bushels of scallops, alleged to belong to the plaintiff, and to be of the value of six hundred dollars.
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Tort. The first count was for the conversion of a sailboat, and its tackle and furniture, with four scallop dredges and five bushels of scallops, alleged to belong to the plaintiff, and to be of the value of six hundred dollars. The second count was for unlawfully seizing the boat and the other property described in the first count, and detaining the same, by which the plaintiff, a fisherman, was deprived of the means of supporting himself and family; all of which was alleged to have been done by the defendant maliciously, and with the intent to injure the plaintiff. The third count was for…
1Opinion of the CourtKnowlton, J.
The ruling of the court, that the plaintiff was not illegally taking scallops if he was taking them for his family use, was correct. The Pub. Sts. c. 91, § 68, authorize municipal officers to grant permits for the taking of “ eels, clams, quahaugs, *12and scallops," within their towns, and provides that any inhabitant of the Commonwealth without such permit may take from the waters of his own or any other city or town eels and the shellfish above named for his own family use. Section 95 of the same chapter prohibits the taking of “ any other shell-fish ” than oysters without a permit, except…
2Cases cited17 opinions
- Murray v. Schooner Charming BetsySupreme Court of the United States · 1804
- The PalmyraSupreme Court of the United States · 1827
- The Apollon.Supreme Court of the United States · 1824
- Gelston v. HoytSupreme Court of the United States · 1818
- United States v. 1960 Bags of CoffeeSupreme Court of the United States · 1814
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3Cited by2 opinions
- Commonwealth v. FeeneyMassachusetts Supreme Judicial Court · 1915
- Westover v. CalderMontana Supreme Court · 1922