Buster v. Newkirk

20 Johns. 75 (1822)

Facts

P was hunting deer and wounded one, about six miles from D’s house. P pursued it with his dogs. P tracked the blood until night and the next morning resumed and was lead to D’s house. D had killed the deer the evening before. It was obvious that the deer had been fired at by another person, just before it was killed by D. P's dogs had laid hold of the deer about the same time, when D cut the deer's throat. P demanded the venison and skin. D gave him the venison but refused to let him have the skin. P sued D in trover and the jury awarded P 75 cents. D appealed.