Trespass

Question 1

Dougherty v. Stepp

Innocent Entrance

Answer 1

A defendant can be held liable for trespass to land even if no damage is caused or if the land is unenclosed.

Question 2

Herrin v. Sutherland

Shooting over Land

Answer 2

• A defendant does not need to physically stand on another’s land to be held liable for trespass to land.
• Property extended vertically as well as horizontally.

Question 3

Rogers v. Board of Road Commissioners for Kent County

Pole Left Behind

Answer 3

• A defendant may be held liable for trespass to land if they leave an unauthorized object on the property.
• Consent to stay or leave someone on someone’s land can be revoked.

Question 4

Glidden v. Szybiak

Grabbing a Dog’s Ears

Answer 4

A defendant must have caused damages to be held liable for trespass to chattels.

Question 5

CompuServe Inc. v. Cyber Promotions, Inc.

Spam Emails

Answer 5

• Email and other internet transmissions are considered physical contact for trespass to chattels.
• A defendant must have caused damages to be held liable for trespass to chattels.

Question 6

Conversion

Answer 6

Intentional exercise of control of a chattel such that the possessor is wholly deprived of its use
Elements
1. Defendant intentionally exercised total control over the chattel
2. Interference caused severe damage such that the plaintiff can effectively no longer use the chattel

Question 7

Trespass to Land

Answer 7

Purposive, unauthorized entry onto the property of another by physical means

Question 8

Trespass to Chattels

Answer 8

Intentionally using or intermeddling with the chattel in possession of another.
Elements:
1. Defendant acted intentionally
2. Defendant intermeddled or interfered with the plaintiff’s chattel
3. Damages resulted
Damages include:
* Impaired condition, quality or value of the chattel
* Plaintiff was deprived of the ability to use the chattel for a substantial period
* Defendant’s use caused bodily harm to the plaintiff or something legally relevant to the plaintiff