Russell v. Stocking
Supreme Court of Connecticut
This was an action of trespass, for entering upon the fishing-place of the plaintiffs, in Connecticut river, opposite the town of Chatham, in which the plaintiffs had an exclusive right of taking fish, and in interrupting the plaintiffs in the enjoyment of their right, and taking and carrying away therefrom 5000 shad.
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This was an action of trespass, for entering upon the fishing-place of the plaintiffs, in Connecticut river, opposite the town of Chatham, in which the plaintiffs had an exclusive right of taking fish, and in interrupting the plaintiffs in the enjoyment of their right, and taking and carrying away therefrom 5000 shad. The cause was tried at Middletown, August, term 1829, before Bissell, J. The fishery in question, called The Russell Fishery, is situated in a part of Connecticut river, which is navigable by vessels of large burthen, and where the tide ebbs and flows. The plaintiffs proved,…
1Opinion of the CourtWilliams, J.
Upon this record three questions are presented. 1. Whether evidence of reputation, that this was a private fishery, called The Russell Fishery, should have been admitted. 2. Whether all the plaintiffs have such an interest as to entitle them to maintain this suit. 3. Whether trespass was the proper action.
As to the first: Was evidence of reputation admissible f In what cases and to what extent such evidence is admissible, has been a matter of considerable dispute. Here the plaintiffs claim title by prescription, and attempt to prove, that they, and those under whom they claim, have occupied…
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