Young (P) sued Hichens (D) for interfering in the capture of fish. P's boat was in the process of complete capture of fish except for a seven-fathom space in his nets wherein D's boat rowed in through the opening and shot his sean, enclosed the fish, and captured the whole of them. P sued in trespass and D's defense was that P had not shown possession of the fish that would entitle him to maintain an action in trespass. The jury gave the verdict to P and D appealed.