Herrin Case on Trespass to land PDF

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Summary

2020 Torts Law I Case Brief - Herrin (trespass to land)...

Description

Herrin v. Sutherland Supreme Court of Montana, 1925 74 Mont. 587, 241 P. 328

FACTS Parties: Procedural History: o o o

The district court ruled in favor of the plaintiff after the defendant’s demurrer was overruled Court ruled in favor of the plaintiff for nominal damages of $1 Defendant appealed the decision

Relevant Facts: o o o

Defendant was hunting ducks and other game birds while standing on the land of the plaintiff He shot his shotgun at water fowl and the bullet flew over the plaintiff’s property He interfered with the “quiet, undisturbed, peaceful enjoyment of the plaintiff”

Basis for Dispute: ISSUE: Whether or not an object invading the airspace near the ground owned by another is a trespass to land? PARTIES’ ARGUEMENTS: Plaintiff: Defendant: HOLDING: Affirmed the judgment of the plaintiff DISPOSITION OF THE COURT: o o

Since the defendant disturbed the “quiet, undisturbed, peaceful enjoyment” of the land it was trespass It is common sense that a shotgun fired is a danger to anyone/thing in the surrounding area and the land owner has a right to be protected from such danger

RULE OF LAW: o

Air space directly above the ground of an individual’s land is considered part of their property....