Court: |
Ohio Supreme Court |
|
Facts: |
Shaw's boat is found with fish on it. Seems that the fish
came from some other net contraption. Did Shaw's people
"steal" the fish? |
|
Posture: |
Initial directed verdict of not guilty. |
|
Issue: |
Did the fish belong to someone else before Shaw took them? |
|
Holding: |
Yes. |
|
Rule: |
Capturing and confining fish is "complete and certain" enough to
establish property. |
|
Reasoning: |
Practical impossibility of escape is enough, even if logical
impossibility doesn't come to pass. There's not really
much reasoning. The case is said to be distinguished from
Young v. Hichens because
the circumstances (and degree) of net-catching were different. |
|
Dicta: |
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