Practice Analogizing and Distinguishing using Pierson v. Post

(i) Assume we have a dead whale instead of a dead fox. A whaler launches a harpoon on the open sea, instantly killing the whale. However, this individual is too slow to capture the whale physically; instead, a stranger beats him to it. Per Pierson, should the person who killed the whale get ownership, or should it go to the stranger?

Two things to note (a) a harpoon is usually attached to the harpooner's vessel with a line, and (2) the harpooner's vessel cannot be further than a few hundred yards.

1. Analogize

2. Distinguish

3. Practice Making Policy Arguments(2 points): Provide a policy argument that supports giving the fox to Post instead of Pierson.