Buster v. Newkirk
New York Supreme Court
IN ERROR, on certiorari to a Justice’s Court. ■Newkirk brought an action of trover against Buster for a deer skin. It appeared that N. was hunting deer on the 31st of December, 1819, and had wounded one, about six miles from B.’s house, which he pursued with his dogs. He followed the track of the deer, occasionally discovering Wood, until night; and on the next morning resumed the pursuit, until he came to B.’s house, where the deer had been killed the evening before.
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IN ERROR, on certiorari to a Justice’s Court. ■Newkirk brought an action of trover against Buster for a deer skin. It appeared that N. was hunting deer on the 31st of December, 1819, and had wounded one, about six miles from B.’s house, which he pursued with his dogs. He followed the track of the deer, occasionally discovering Wood, until night; and on the next morning resumed the pursuit, until he came to B.’s house, where the deer had been killed the evening before. The deer had been fired at by another person, just before he was killed by B., and fell, but rose again, and ran on, the dogs…
1Per curiam
The principles decided in the case of Pierson v. Post, (3 Caines’ Rep. 175.) are applicable here. The authorities cited in that case, (establish the position, that property can be acquired in animals ferae naturae, by occupancy only; and that, in order to constitute such an occupancy, it is sufficient if the animal is deprived of his natural liberty, by wounding, or otherwise, so that he is brought within the power and control of the pursuer. In *76the present case, the deer, though wounded, ran six miles j and the defendant in error had abandoned the pursuit that day, and the deer was not…
2Cited by3 opinions
- Dapson v. DalyMassachusetts Supreme Judicial Court · 1926
- People v. DoxtaterNew York Supreme Court · 1894
- Mullett v. BradleyAppellate Terms of the Supreme Court of New York · 1898