harpooned the lady, and had once had her fast, and only by reason of the
great stress of her plunging viciousness, had at last abandoned her; yet
abandon her he did, so that she became a loose-fish; and therefore
when a subsequent gentleman re-harpooned her, the lady then became that
subsequent gentleman's property, along with whatever harpoon might have
been found sticking in her.
Now in the present case Erskine contended that the examples of the whale
and the lady were reciprocally illustrative of each other.
These pleadings, and the counter pleadings, being duly heard, the very
learned Judge in set terms decided, to wit,--That as for the boat, he
awarded it to the plaintiffs, because they had merely abandoned it
to save their lives; but that with regard to the controverted whale,
harpoons, and line, they belonged to the defendants; the whale, because
it was a Loose-Fish at the time of the final capture; and the harpoons
and line because when the fish made off with them, it (the fish)
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