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242 N.C. 382

88 S.E.2d 88

Andrews v. Andrews

Supreme Court of North Carolina

Decided June 30, 1955

Supreme Court of North Carolina · decided 1955-06-30

Relies on Turpin v. Warden of the Green Haven Prison · Dennis v. United States · Sickman v. United States

Good law ✅— No negative treatment on recordhow we know

Decided 1955-06-30

How this case has been cited

Cited by 24 later decisions — most recently July 2014

3 federal appellate · 16 state decisions

901955196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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*390PARKER, J.,

¶1dissenting: This question is presented for decision: Can the defendant be held liable for the trespasses of wild geese, which are ferae naturae, which he did not own and which have not been reduced to possession, but exist in a state of nature? My brethren say Yes: I do not agree.

¶2The general rule is there is no individual property in wild animals, geese or fish so long as they remain wild, unconfined, and in a state of nature. 2 Am. Jur., Animals, p. 696.

¶3The doctrine of liability attaching to one who owns or keeps insecurely confined on his premises wild animals causing injury has no application to the facts here. As to that see: Anno. 69 A.L.R. 500; 3 C.J.S., Animals, Section 143.

¶4Sickman v. U. S., 184 F. 2d 616, certiorari denied 341 U.S. 939, 95 L. Ed. 1366, rehearing denied 342 U.S. 843, 96 L. Ed. 637, motion for leave to file a second petition for rehearing denied, 342 U.S. 874, 96 L. Ed. 657, is a case with strikingly similar facts, and was brought under the Federal Tort Claims Act, 28 U.S.C.A., Sections 1346 (b) and 2671-2680, to recover $26,500.00 alleged damages to crops of corn and soybeans claimed to have been destroyed in 1946 and 1947 by migratory waterfowl, principally Canada geese. The Court said: “. . . a private person could not be held liable for the trespasses of animals which are ferae naturae, and which have not been reduced to possession, but which exist in a state of nature. The United States, considered as a private person, did not have any ownership, control or possession of these wild geese which imposed liability for their trespasses.”

¶5I vote to affirm.

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