Brown v. Eckes
Yonkers (New York) City Court
160 N.Y.S. 489 (1916)
- Written by Erin Enser, JD
Facts
Brown (plaintiff) maintained a colony of bees in the city of Yonkers. The bees swarmed, left Brown’s property, and were subsequently observed by Eckes (defendant) where he was working on the property of another. Upon observing the swarm, Eckes pounded on tin, which was thought to settle swarms of bees, and the swarm landed. The owner of the property where Eckes was working asked Eckes to remove the bees, and Eckes subsequently delivered them to Stevens (defendant), who claimed to have lost a swarm of bees. The parties agreed that bees were ferae naturae (i.e., wild animals). Brown originally alleged that Eckes and Stevens had committed larceny, but the trial court refused to hear that allegation. The parties then submitted to arbitration to determine proper ownership of the bees.
Rule of Law
Issue
Holding and Reasoning (Beall, J.)
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