Dapson v. Daly

This is an action of replevin to recover the carcass of a deer. There was evidence tending to show that both the plaintiff and defendant were on the same day and in the open season hunting deer; that the plaintiff and his companion fired shots at the deer in question and that, shortly thereafter, while the deer was galloping although it may have fallen before, the defendant also fired a shot, whereupon it immediately fell and was dead when he reached it; and that the defendant carried it away.

The finding was that the trial judge was not satisfied that the deer, an animal ferae naturae, was so…