Court: |
Queen's Bench (a major British appellate court) |
|
Facts: |
Young's boats are enclosing a school of fish, and are
in the process of dropping a net into the last remaining
opening when Hichens zooms in and catches a bunch of them. |
|
Posture: |
Appeal after a finding for Young (plaintiff) at initial hearing. |
|
Issue: |
Were the fish in Young's possession? |
|
Holding: |
No, they were not. |
|
Rule: |
You can't have possession of fish until you get actual power over them. |
|
Reasoning: |
He would have caught them, but that doesn't count. Only actually
catching counts, and that's what Hichens did. |
|
Dicta: |
|