Wednesday, August 31, 2016

Property Law: Case Briefs on fish and wildlife from week 1

Fish and Wildlife

Pierson v. Post

  • Facts: Defendant (Pierson) shot fox that plaintiff (Post) was chasing. Defendant claimed the fox.
  • Issue: Did Plaintiff claim the fox by pursuing it?
  • History: Trial Court ruled for Plaintiff
  • Result: For Defendant, reversed.
  • Dissent: The court should award the fox to the plaintiff because he was doing a service eliminating the fox, which is a pest.  

Ghen v. Rich


  • Facts: Plaintiff shot whale, and lost track of it. Ellis found the whale on the beach some time later and auctioned it. Defendant purchased the whale and processed it.
  • Result: For plaintiff.
  • Issue: Can the court

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