[pct-l] Flotsam and Jetsam

[abiegen at cox.net]

>Last year a hiker was coming down the infamous Snow Creek decent in sandals with 
their boots somehow attached to the back of their pack. Somehow during a break 
they accidentally dropped them down a steep embankment. Being tired and 
uncomfortable with the risk involved that would be required to retrieve them, he 
reluctantly left them and made plans to get new footwear in the days ahead. 
 
>Much later, another hiker coming down the decent notices the boots and scrambles 
down to check them out. They happened to be a perfect fit and better than the 
footwear he has on. So after reaching the water fountain, he leaves his old 
footwear there hanging in plain sight for someone else. I'm not sure if he left 
a sign indicating they were free for the taking or not. 
 
>Anyway, by the time everyone got to Big Bear City the story circulated and the 
original owner realized that the other guy had his boots. In each hiker's mind, 
they had a rightful claim to the item. 
 
>The original owner consider them "lost" and wanted them returned. The finder 
considered them "abandoned" and said that he also wouldn't have carried such a 
heavy item so far anyhow but left them at the fountain at best. 
 
>So, where does everyone's feelings fall in this peculiar case? 
 
>BigToe 

Well, this is a third case which the maritime law calls "derelict." This is a case where the original owner has lost something in the sea and has abandoned it because they feel there is no possibility of retrieving it or it would be too dangerous to retrieve it. In this case, I'm not sure who would have rights to the property but I would think it would be the person that risked life and limb to retrieve the property.

Years ago while coming down from climbing Whitney, still very near the top, I saw an ice axe about 15 or 20 feet off the side of a rather steep exposure of loose rock. Maybe it was the thin air or my exultation at summiting Whitney but I climbed down and got the axe. I realize in retrospect how crazy this was, especially since I've never really had any use for it since. But in that particular case it was obvious to me that the original owner had abandoned it as too dangerous to retrieve and therefor it was mine.

TrailHacker

"When my feet hurt, I can't think." - Abraham Lincoln