Point Roberts Fishing Co. v. George & Barker Co.

Citations

• 28 Wash. 200
• 68 P. 438
• 1902 Wash. LEXIS 475

Syllabus

<p>FISHING-LOCATION OF TRAPS-ASCERTAINMENT OF END PASSAGEWAY —- CONSTRUCTION OF STATUTE.</p> <p>Laws 1899, p. 197, § 4, provides that, between all pound-net traps constructed in the waters of Puget Sound, there shall be an end passageway of at least 600 feet, and a lateral passageway of at least 2,400 feet, and that “for the purpose of determining end passageway a line shall be drawn parallel to the general direction of the shore line for one-half mile on either side of a proposed location, which parallel line ° shall intersect the outer end of any location tneretofore made, . . . and a new location shall be driven at least six hundred feet distant at right angles from such base line.” The defendant located its trap in the vicinity of plaintiff’s trap by the following method:</p> <p>(1) It first ascertained the general course its trap would point when driven, and ascertained where a line would intersect the shore if projected along that course from the trap to such shore;</p> <p>(2) it ascertained the general direction of the shore for one-half mile on each side of the point of intersection; (3) it then drew a line parallel with the general direction of the shore, causing such line to intersect the outer end of the plaintiff’s trap; (4) it then measured at a right angle from the last mentioned line to the nearest point of its trap location, being its inner end or end nearest plaintiff’s trap. The end passageway, measured in this manner, was 620 feet. Held, that defendant’s trap did not encroach upon the plaintiff’s location, inasmuch as the method of measurement was correct under the statute.</p> <p>STATUTES-MISCHIEVOUS RESULTS-DUTY OF COURTS.</p> <p>The fact that the application of the provisions of a statute will lead to absurd, incongruous, or even mischievous results will not warrant the courts in refusing to give it effect, where it violates no principle of fundamental law.</p>