Dix Bros. v. State

EDWARD S. MILLER, J. S. C.

The issue presented is whether defendant is liable to plaintiff for crop damage caused by wild deer. For the reasons set forth herein it is declared it is not. The facts are these:

*270In the spring of 1978 plaintiff’s crop of iceberg lettuce was destroyed by wild deer. The State of New Jersey and Department of Environmental Protection, Division of Fish, Game & Shellfisheries managed the property adjacent to plaintiff’s fields. Plaintiff alleges that defendant improperly maintained and controlled wild deer then living on defendant property, such that the deer trespassed…