Pierson v. Post SC of NY, 1805 Facts: Post (P) was on a fox hunt on unpossessed land with his team of dogs. Pierson killed the fox and took it for himself, despite being fully aware that Post pursuing the fox first with his dogs. Result Below: Court rules in favor of plaintiff Rules: Justinian’s Inst. States, “pursuit alone vest no property or right in the huntsman; and that even pursuit accompanied with wounding, is equally ineffectual for the purpose, unless the animal be actually taken.” Barbeyrac does not affirm that actual bodily seizure is necessary of property (of wild animals) Deprive animal of natural liberty Decent rule: If you have reasonable prospect of capture Issue: What constitutes possession of a wild animal? Does pursuit alone give occupancy or ownership of a wild animal? Holding: Court reversed decision Reason: Although Pierson’s actions were indeed unfortunate and detestable he did not directly injure or damage Post in any way. The other cases citied where the court ruled in favor of the Plaintiff involved a case of direct damage and injury. This case presents no such evidence. Furthermore to place ownership of an animal upon site or pursuit would surely foster increased quarrels and litigation. We want a rule that promotes certainty. They want a definite rule that will decrease quarrels. Further: It is important to note that this case shows that not everything that is moral or right socially can be put into law. Here the decision was also based on the fact that if possession could be determined by pursuit then legal lines would become more hazy and courts would see a increased case load. Livingston argues that the rule should be changed so that foxes may be killed. If there is no insurance at the end of a fox hunt then this might deter possible sportsmen from participating in a hunt.
certiorari n. (sersh-oh-rare-ee) a writ (order) of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court's decision. Certiorari is most commonly used by the U.S. Supreme Court, which is selective about which cases it will hear on appeal. To appeal to the Supreme Court one applies to the Supreme Court for a writ of certiorari, which it
grants at its discretion and only when at least three members believe that the case involves a sufficiently significant federal question in the public interest. By denying such a writ the Supreme Court says it will let the lower court decision stand, particularly if it conforms to accepted precedents (previously decided cases). ferae naturae (feer-ee n<>-tyoor-ee), adj. [Latin "of a wild nature"] (Of animals) wild; untamed; undomesticated.