Commonwealth v. Weatherhead
Massachusetts Supreme Judicial Court
Complaint by Leonard J. Wilson to the Police Court of Milford, that William Weatherhead and Seth Hastings, on September 23, 1871, “ did unlawfully fish in that portion of a certain pond (commonly known as Mendon Pond) in which fishes are lawfully cultivated and artificially maintained” by the complainant and John Bliss, and without the permission of the complainant or Bliss, “ the proprietors of said fishes.”
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Complaint by Leonard J. Wilson to the Police Court of Milford, that William Weatherhead and Seth Hastings, on September 23, 1871, “ did unlawfully fish in that portion of a certain pond (commonly known as Mendon Pond) in which fishes are lawfully cultivated and artificially maintained” by the complainant and John Bliss, and without the permission of the complainant or Bliss, “ the proprietors of said fishes.” At the trial, on appeal, in the Superior Court, before Dewey, J„ the Commonwealth was allowed, against the defendants’ objection, to introduce in evidence a lease dated April 1,1870, by…
1Opinion of the CourtWells, J.
Most of the questions raised by this report have already been decided, in Commonwealth v. Vincent, 108 Mass. 441.
The lease embraced the entire pond. The lessees are properly designated as the proprietors, notwithstanding the fact that other persons, associated with them by an independent arrangement among themselves, have an interest in the conduct of the enterprise. If the defendants had a license or authority from any of such associates, it was for them to make out their justification.
Stocking the pond with a new species of fish, and closing the outlet with a wire screen, were acts…
2Cases cited1 opinion
- Commonwealth v. VincentMassachusetts Supreme Judicial Court · 1871
3Cited by7 opinions
- Commonwealth v. MannosMassachusetts Supreme Judicial Court · 1942
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1896
- Nelson v. DelongSupreme Court of Minnesota · 1942
- State v. McAninchSupreme Court of Iowa · 1915
- Commonwealth v. TiffanyMassachusetts Supreme Judicial Court · 1876
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