Elwood v. Dickinson

Citations

• 26 Wash. 631
• 67 P. 370
• 1901 Wash. LEXIS 698

Syllabus

<p>FISHERIES-LOCATION OF FISH TRAP-COMPLIANCE WITH STATUTE-PRIORITY OF CLAIMS. Í</p> <p>The holder of a fishing license who locates a site for a fish trap or pound net, but is unable to perfect his location in accordance with statutory requirements for a period of six weeks' thereafter, though in the meantime using reasonable and diligent’effort to comply with the law, is entitled to priority over a subsequent locator who has actual notice of his attempted location, although the subsequent locator more nearly conforms to the requirements of Laws 1899, p. 203, § 9, which provides that locations for-pound nets or fish traps shall be indicated by driving at least three substantial piles thereon, which must extend not less than ten feet above the water at high tide, one pile being placed at each end of the location, with the claimant’s license number posted thereon.</p>