
Ghen v. Rich
United States District Court for the District of Massachusetts
8 F. 159 (1881)
Relevant factsFree
Fin-back whales sink when killed and resurface days later, often far from the kill site; Cape Cod custom required whoever found such a whale to notify the original whaler, who would then come harvest the blubber, paying the finder a small fee. Ghen (plaintiff) killed a fin-back whale, but when Ellis found it days later, he broke custom and sold it at auction to Rich (defendant), who harvested it himself; Ghen sued Rich for the whale's value.
IssueFree
Whether a person establishes a property right over whales when he takes possession of the carcass and takes practical steps to secure it, in accordance with local custom.
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