Gibbs v. Sweet
Superior Court of Pennsylvania
Appeal, No. 4, Jan. T., 1902, by defendant, from judgment of C. P. Lackawanna Co., Sept. T., 1896, No, 690, on verdict for plaintiff in case of H. C. Gibbs v. Dewilton Sweet. Trespass for an alleged wrongful fishing in a pond. The facts appear by the opinion of the Superior Court.
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Appeal, No. 4, Jan. T., 1902, by defendant, from judgment of C. P. Lackawanna Co., Sept. T., 1896, No, 690, on verdict for plaintiff in case of H. C. Gibbs v. Dewilton Sweet. Trespass for an alleged wrongful fishing in a pond. The facts appear by the opinion of the Superior Court. When defendant was on the stand he was asked this question : Q. Whether when you were fishing there the plaintiff or his predecessors, people who owned the property over there preceding him, whether you were fishing where they could have seen you? A. Yes sir; all the time; I don’t think I was out of sight at any…
1Opinion of the Court
Opinion by
W. D. Pouter, J.,
The appellant persisted in angling in plaintiff’s pond after he had been requested to cease, and this action of trespass resulted. Two lines of defense were resorted to, viz: (1) that the plaintiff had not shown such title as would support the action; (2) that the defendant had by prescription acquired the right to fish in the pond. Bassett pond was a small unnavigable body of water located within the limits of two tracts of land title to which out of the commonwealth was shown under warrants and surveys in the name of Jonathan Hall and Richard Hall, respectively,…
2Cases cited10 opinions
- Foulk v. BrownSupreme Court of Pennsylvania · 1834
- Caldwell v. CopelandSupreme Court of Pennsylvania · 1861
- Ball v. SlackSupreme Court of Pennsylvania · 1837
- Carter v. Tinicum Fishing Co.Supreme Court of Pennsylvania · 1875
- Baylor v. Decker, Pennsylvania Court of Common Pleas, Lackawanna County1890
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Miller v. Lutheran Conference and Camp Ass'nSupreme Court of Pennsylvania · 1938
- Shaffer v. Baylor's Lake Ass'nSupreme Court of Pennsylvania · 1958
- Shinn v. RosenbergerSupreme Court of Pennsylvania · 1943
- Farmers' Northern Market Co. v. GallagherSupreme Court of Pennsylvania · 1958
- Lakeside Park Co. v. ForsmarkSupreme Court of Pennsylvania · 1959
8 more not listed; retrieve them via the Exa API.