Thlinket Packing Co. v. Harris & Co.

Citations

• 5 Alaska 471

Syllabus

<p>1. Eish <§=10(2)—Eish Tears—Licenses.</p> <p>The plaintiff sought to secure an injunction against the defendants constructing a fish trap on a site previously chosen by the plaintiff, upon the ground that plaintiff had a prior territorial license to operate a fish trap at that place. Held, one does not need a territorial license to authorize him to construct a fish trap, but only for the purpose of engaging in the business of catching fish by means of a trap. There is no provision of law whereby the officers of the territory have authority to segregate the site from the public domain or confer any title thereto on plaintiff.</p> <p>2. Injunction <@=>136(3)—Pish Traps—Nuisances.</p> <p>The owner of a lawfully located and constructed fish trap may maintain injunction against another, who seeks to construct another fish trap within a prohibited distance from his trap on account of some special injury which the building of such second trap would do to him; but the owner of the first trap cannot enjoin the building of the second trap simply because the latter is contrary to law, without showing some special damage to himself; for if only a violation of law is shown, and-no special injury is shown, the prohibited trap would be a public nuisance, and not a private nuisance, and so not to be abated at the suit of an individual.</p> <p><@z=»See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>