Young v Hichens (1844) 6 QB 606

March 13, 2018 casesummaries

Facts

A man is fishing and is beginning to draw in a net full of fish
As he does so, another man rows past and steals the fish
He sues for trespass to goods

Issue:

Is ‘almost’ control good enough for possession?

Held

The party did not have control over the fish
His efforts made it almost certain he would have control shortly, but he did not
They were not prepared to change “possession” to “all but possession”

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