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Buster v. Newkirk
New York Supreme Court of Judicature
20 Johns. 75 (1822)
Newkirk (plaintiff) wounded a deer but could not track down the deer before nightfall. The deer had run off to Buster’s (defendant) house, which was about six miles away. Buster, upon seeing the deer on this property, killed it and took its venison and skin. Meanwhile, Newkirk resumed his hunt in the morning and eventually came upon Buster’s house and the dead deer. Buster gave Newkirk the venison but would not give him the skin. Newkirk brought a trover action against Buster. The jury returned a verdict for Newkirk and awarded him $0.75. Buster appealed.
Rule of Law
Holding and Reasoning (Per curiam)
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