- P lawfully possessed a decoy pond, where waterfowl came and went.
- P used decoy ducks, nets, etc. for decoying and taking of waterfowl which was his enjoyment.
- D knew of this, and attempted to take away P's livelihood and drive away the ducks.
- D went to the pond, discharged six guns, and another gun later, frightening the waterfowl.
-Yes, liable for damages.
-Every man that has a property may employ it for his pleasure or profit.
-When a man uses his skill for profit and another hinders that man in trade/profit, that other is liable.
-If a man, however, causes damages by being engaged in the same trade/employment, no action would lie, because the D would have the same liberty to make a decoy as the P.
-The people who use their skill and industry to furnish the markets should reap their benefit and have their action.
You have a general right to use the land, but not a general right to use the land for successful profit.
Subject: profits, malicious trespass, interference