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Buster v. Newkirk

New York Supreme Court of Judicature

20 Johns. 75 (1822)

Relevant factsFree

Newkirk (plaintiff) wounded a deer but couldn't track it before nightfall; the deer ran roughly six miles to Buster's (defendant) property, where Buster killed it and kept its venison and skin. When Newkirk resumed his hunt the next morning and located Buster's house with the dead deer, Buster gave him the venison but not the skin, and Newkirk sued for trover (a claim for wrongful conversion of personal property); a jury awarded him a small verdict, and Buster appealed.

IssueFree

Whether a person acquires property in a wild animal if he brings the animal within his power and control.

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