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”
-- Download Young v Hichens (1844) 6 QB 606 as PDF --

