Buster v. Newkirk

Supreme Court of Judicature of New York · 1822 · Property

Propertypropertywild animalsferae naturaeoccupancycapturewoundingpower and control

Facts

The case involved a deer, an animal ferae naturae, that had been wounded by the defendant in error. After being wounded, the deer ran six miles. The defendant in error abandoned the pursuit that day. The deer was therefore not brought within his power or control.

Issue

Does a person who wounds a wild animal acquire property in it when the animal continues to run a long distance and the pursuer abandons the chase before the animal is brought under his power and control?

Rule

Property in animals ferae naturae can be acquired only by occupancy. Occupancy is sufficient when the animal is deprived of its natural liberty, by wounding or otherwise, so that it is brought within the power and control of the pursuer.

🔒

See the holding & full analysis

Create a free KwikCourt account to unlock the rest of this brief — and practice the case.

The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case

Free sample · practice this case

Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.

In rural Vermont, Elena Ward shoots a wild fox, breaking its hind leg. The fox collapses in a shallow ravine, cannot climb out, and Elena stands above it with a net when Victor Boone jumps down and carries it away.

Who has the better property claim to the fox?

Explanation. Property in wild animals is acquired only by occupancy. Occupancy exists when the animal is deprived of its natural liberty, by wounding or otherwise, so that it is brought within the pursuer's power and control. Here, the fox could not escape and was within Elena's control before Victor took it, so Elena had acquired property.