Legal Opinion

Johansen v. Mulligan

Washington Supreme Court

Decided January 5, 1906No. 5894PublishedCited by 1 opinion

Appeal from a judgment of the superior court for Pacific county, Rice, J., entered September 27, 1905, upon overruling a demurrer to defendant’s answer, dismissing an action, to enjoin the operation of a fisb trap.

1Opinion of the CourtHadley, J.

This action involves a dispute concerning the lateral passageway between fish trap locations. The traps are located in the waters of Baher’s bay, near the mouth of the Columbia river. The plaintiff contends that the defendant’s trap encroaches upon her own location, and also upon that of another. She has brought this action to enjoim defendant from maintaining his trap at its present location. The relative location of the traps mentioned in the complaint may be illustrated by the following diagram:

*380

The heavy dark line numbered 429 represents the plaintiff’s trap; that one numbered 781…

2Cases cited1 opinion

  1. Point Roberts Fishing Co. v. George & Barker Co.Washington Supreme Court · 1902

3Cited by1 opinion

  1. Carlisle Packing Co. v. Pacific American FisheriesWashington Supreme Court · 1931

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