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Dapson v. Daly
Massachusetts Supreme Judicial Court
153 N.E. 454 (1926)
- Written by Sean Carroll, JD
Facts
The plaintiff and the defendant were each hunting deer. The plaintiff shot and wounded a deer, but before the deer died, the defendant also shot the deer, killing it. The defendant recovered the dead deer and took it home. The plaintiff did not have a valid hunting license, which the state required to hunt deer in the first place. The plaintiff brought a replevin action seeking to recover the deer carcass. The trial court found in favor of the defendant on the grounds that the plaintiff had not wounded the deer such that it could take the deer within his possession. The plaintiff appealed.
Rule of Law
Issue
Holding and Reasoning (Rugg, C.J.)
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