Snug Harbor Packing Co. v. Schmidt

• Citation: 394 P.2d 397
• Decision Date: 24 July 1964
• Docket Number: No. 452,452
• Parties: SNUG HARBOR PACKING COMPANY, a corporation, Appellant, v. R. L. SCHMIDT, Appellee.
• Court: Supreme Court of Alaska (US)

Page 397

394 P.2d 397

SNUG HARBOR PACKING COMPANY, a corporation, Appellant, v. R. L. SCHMIDT, Appellee.

No. 452.

Supreme Court of Alaska.

July 24, 1964.

W. C. Arnold, Anchorage, for appellant.

Wendell P. Kay, Kay & Miller, Anchorage, for appellee.

Before NESBETT, C. J., and DIMOND and AREND, JJ.

DIMOND, Justice.

In May 1954 appellee commenced fishing for salmon with a set net located on Kalifonski beach in Cook Inlet. In the middle of June appellant installed a fish trap which was at one point situated about 550 feet from appellee's net. A fisheries regulation in effect at that time required that the trap and set net be not less than 600 feet apart. ¹

On July 16 both appellee and the trap watchman were arrested and prohibited from fishing by government officers for violating the 600 foot regulation. Appellee's net and the fish that it had caught were confiscated. He tried to fish the same site on later occasions and each time was arrested and had his gear confiscated. Appellee claimed that a total of four nets were taken from him. He made no further efforts to fish this site after the first part of August.

Appellee brought this action for damages against appellant seeking compensation for costs and expenses arising out of the arrests and the confiscation of his gear, and for losses suffered by reason of being prevented from taking fish during the 1954 fishing season. He also asked for punitive damages. The theory of appellee's claim was that under prevailing law he had the exclusive right during the 1954 red and pink salmon fishing season to occupy and fish the site where his set net was located, because on the opening day of the season on June 25 at 6 a. m. appellee had placed his net in operation, whereas appellant's trap was not then completed and ready to fish; ² and that appellant's action in constructing and operating its trap within the prohibited 600 foot distance from appellee's net was an unlawful interference with appellee's fishing rights and the cause of appellee being arrested and having his gear confiscated and being prevented from fishing during the remainder of the season. A jury returned a verdict in favor of appellee and judgment was entered against appellant for $7,300 compensatory damages and $3,000 punitive damages. On this appeal three main issues are raised in appellant's brief: (1) whether appellee should be denied damages because his claim arose out of his violation of law; (2) whether the compensatory damages awarded were excessive; and (3) whether it was error for the trial court to instruct the jury as to punitive damages.

Appellant contends that the legal status of both appellant and appellee while fishing their appliances within 600 feet of each other was that of law violators subject to arrest and prosecution as such; that the damages which appellee allegedly suffered when he was arrested and his gear confiscated were the direct result of his having fished unlawfully; and that no damages could be awarded because of a general rule of law founded on public policy that a court will not aid a party whose claim for relief is based upon his own illegal acts. ³ On the other hand, appellee maintains that he was fishing lawfully prior to the time that appellant's trap was installed, and that when the trap was located within 600 feet of his set net in violation of the fisheries regulation it was appellant, and not appellee, who became the law violator.

Appellee's net was in operation before appellant's trap was completed and had started to fish. Appellant knew this and conceded it at the trial. Being first in time, appellee had the right to fish the site in controversy to the exclusion of appellant's fish trap so long as he continued to occupy the site and operate his gear. ⁴ Appellee was exercising that right and fishing legally when appellant unlawfully trespassed upon the site and commenced the operation of its trap. Appellee continued to fish, despite appellant's trespass, thus insisting on exercising what was his legal right. If appellee's fishing then became unlawful, it was solely because of appellant's unwarranted action in setting and operating its trap within 600 feet of appellee's net. Appellant's unjustifiable interference with appellee's fishing rights was the direct cause of the injury suffered by appellee when he was arrested and his gear confiscated and when he was prevented from taking fish during the remainder of the season. In these circumstances the rule that a court will refuse to aid a party whose claim is based upon his own illegal acts has no application. That rule may not be used as a defense by one like appellant who was...