Buster v. Newkirk

Headnote

Though pro-petty in an animal, fercc naturce9 may be acquired by occupancy, or by so wounding it, as to bring it within the power and control of the pursuer ; yet if, afterwounding the animal, the party continues the pursuit until evening, and then abandons it, though his dogs continue the chase, he acquires no property in it.

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 being in pursuit, and the plaintiff’s dog laid hold of the deer about the same time, when B. cut the deer’s throat. N. demanded the venison and skin of B., who gave him the venison, but refused to let him have the skin. The jury found a verdict for the plaintiff for seventy-five cents, on which the Justice gave judgment.