Pierson v. Post
New York Supreme Court
THIS was an action of trespass on the case commenced , . .. , . , , , r , • , in a justice's court, by the present defendant against the now plaintiff.
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THIS was an action of trespass on the case commenced , . .. , . , , , r , • , in a justice's court, by the present defendant against the now plaintiff. The declaration stated, that Post, being in posses. . „ . ’ ° * sion ox certain dogs and hounds under his command, did, u upon a certain wild and uninhabited, unpossessed and r 7 r ^ waste land, called the beach, find and start one of those fi noxious beasts called a fox," and whilst there hunting, , . , . , . , , . , , , chasing and pursuing tee same with his dogs and hounds, and when in view thereof, Pierson, well knowing the fox was so…
1Opinion of the Court
Per curiam, delivered by
Tompkins, J.
This cause comes before us on a return to a certiorari directed to one of the justices of Queen’s county.
The question submitted by the counsel in this cause for our determination is, whether Lodowick Post, by the pursuit with his hounds in the manner alleged in his declaration, acquired such a right to, or property in the fox, as will sustain an action against Pierson for killing and taking him. away ?
The cause was argued with much ability by the counsel on both sides, and presents for our decision a novel and alee question. It is admitted, that a fox is an…
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