Young v Hichens (1844) 6 QB 606

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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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