Goff v. Kilts
New York Supreme Court
Error from the Madison common pleas. Kilts sued Goff x in a justice’s court in trespass for taking and destroying a swarm of bees and the honey made by them. The swarm left the hive of the plaintiff, flew off and went into a tree on the lands of the Lenox Iron Company. The plaintiff kept the bees in sight, followed them, and marked the tree into which they entered.
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Error from the Madison common pleas. Kilts sued Goff x in a justice’s court in trespass for taking and destroying a swarm of bees and the honey made by them. The swarm left the hive of the plaintiff, flew off and went into a tree on the lands of the Lenox Iron Company. The plaintiff kept the bees in sight, followed them, and marked the tree into which they entered. Two months afterwards the tree was cut down, the bees killed, and the honey found in the tree taken by the defendant and others. The plaintiff recovered judgment, which was affirmed by the Madison common pleas. The defendant sued…
1Opinion of the Court
*551 By the Court,
Nelson, J.
Animalsferce natures, when reclaimed by the art and power of man, are the subject of a qualified property ; if they return to their natural liberty and wildness, without the animus revertendi, it ceases. During the existence of the qualified property, it is under the protection of the law the same as any other property, and every invasion of it is redressed in the same manner. Bees arefercenaturce, but when hived and reclaimed, a person may have a qualified property in them by the law of nature, as well as the civil law. Occupation, that is", hiving or enclosing them,…
2Cited by9 opinions
- Sterling v. JacksonMichigan Supreme Court · 1888
- Payne v. SheetsSupreme Court of Vermont · 1903
- Dunlap v. SnyderNew York Supreme Court · 1854
- Rexroth v. CoonSupreme Court of Rhode Island · 1885
- State v. ReppSupreme Court of Iowa · 1898
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