Fowler v. Harrison

Citations

• 39 Wash. 617
• 81 P. 1055
• 1905 Wash. LEXIS 913

Syllabus

<p>Waters—Obstruction of- Navigation—Fish Traps—Authority for—Consent of Secretary of War—Evidence. In an action for the wilful destruction of fish traps maintained by the plaintiff in a navigable stream, a certificate from the Secretary of War granting permission to maintain the traps is admissible in evidence to show plaintiff’s good faith in endeavoring to comply with the law, especially where he also obtained a state license.</p> <p>Same—Wilful Destruction of Fish Traps—Justification—Obstructions—Damages. The wilful and wanton destruction of fish traps in a navigable stream, by running into the same with a steamboat, is not justified by the fact that the traps were unlawfully maintained, where the channel of the river was not so obstructed as to impede navigation; and such acts render the wrongdoers liable in damages to the owner of the traps.</p>