Buster v. Newkirk

Decided May 15, 1822

New York Supreme Court · decided 1822-05-15

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.

Cited by 3 later decisions — most recently October 1926

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1822-05-15

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Per Curiam.

¶1The 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 deprived of his natural liberty, so as to be in the power or under the control of JV. He, therefore, cannot be said to have had a property in the animal, so as to maintain the action. The judgment must be reversed.

¶2Judgment reversed.