Dapson v. Daly

153 N.E. 454 (1926)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

This is an action of replevin to recover the carcass of a deer. Both P and D were hunting deer. P and his companion fired shots at the deer in question. It was wounded but immediately thereafter D saw the same deer and fired a shot that immediately killed it. The deer was dead and when D reached it he carried it away. P did not possess a valid hunting license which was required by state law. The trial judge found that the deer was not so wounded by P to change its status as animal ferae naturae such that it was about to be deprived of its liberty. The court held for D and P appealed.