Pierson v. Post: Difference between revisions

From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
No edit summary
No edit summary
Line 9: Line 9:
* Pierson refused to hand over the dead fox
* Pierson refused to hand over the dead fox
*
*
|issues=Who owns a dead animal?
|procedural_history=Post (regular fox hunter) sued Pierson for trespass.
 
Post won in the trial court.
|issues=* Can a person obtain property rights over a wild animal merely by chasing it during a hunt?
*
* Who owns a dead animal?
|holding=Judge Daniel Tompkins (the future [https://uspresidentialhistory.com/wp-content/uploads/2022/01/Daniel-Tompkins1.15.22.pdf VP of the United States]): Pierson acquired ownership of the fox when he killed it.
|judgment=Reversed
|case_text_links={{Infobox Case Brief/Case Text Link
|case_text_links={{Infobox Case Brief/Case Text Link
|link=https://www.quimbee.com/cases/pierson-v-post
|link=https://www.quimbee.com/cases/pierson-v-post

Revision as of 20:36, April 24, 2024

Pierson v. Post
Court New York Court of Appeals
Citation 3 Cai. R. 175
Date decided 1805

Facts

  • Mr. Post = an enthusiastic fox hunter
  • Mr. Pierson = killer of the fox that Mr. Post was hunting
  • Post claimed ownership of the dead fox in the early 1800s in the state of New York
  • Pierson refused to hand over the dead fox

Procedural History

Post (regular fox hunter) sued Pierson for trespass.

Post won in the trial court.

Issues

  • Can a person obtain property rights over a wild animal merely by chasing it during a hunt?
  • Who owns a dead animal?

Holding

Judge Daniel Tompkins (the future VP of the United States): Pierson acquired ownership of the fox when he killed it.

Judgment

Reversed

Resources