something over a third, liable for trespass to both 2nd and third tracts.f.Damages – Need not be damages for Trespass to occur, merely trampling the grass is damage enoughi.Trespass by Livestock – when an animal leaves on tract and enters the tract of another, the owner is subject to strict liability for the intrusion. g.Cases –i.Daugherty v. Stepp– Whether land need to be fenced or marked to betrespassed upon. No, title to property is constructive notice. Fences
ii.Herrin v. Sutherland – Whether D is liable for trespass for shooting a shotgun over the land, not setting foot on the land or leaving anythingon it? iii.Rogers v. Board of Road Commr’s for Kent County– Whether failure toremove a stake in the ground that was permitted to be there for a certain part of the year only constitutes trespass? iv.Bradley v. American Smelting and Refining Co.– Whether particles leaving a smokestack carried upon the wind satisfy intent for intentional trespass. Whether intentional deposit of microscopic particles give rise to action for invasion of a person’s exclusive possession of property? Whether trespass requires proof of actual damages? h.Hypotheticalsi.A has permission to hunt on B’s land. While he is there A cuts some firewood and hauls it home. Trespass to land? Yes, consent was for hunting, not timber cutting.ii.A buys a right-of-way from B. A comes to construct a road on his right-of-way and finds that B has installed a building on it. B claims hecan do what he wants because he owns the land. Who is liable for trespass? B is. A right-of-way is a possessory right. A is the possessorof the property in question. E.Trespass to Chattel and Conversion– Two torts that overlap. Differ from Trespass to Land by requiring actual damage, significant deprivation of use, or dispossession. The difference in Trespass to Chattel and Conversion is a matter of degree.a.Trespass to Chattel – the intentional interference with the right of possession of personal property. The defendant’s acts must intentionally damage the chattel, deprive the possessor of its use for a substantial period of time or totally dispossess the chattel from the victim. i.Act – conscious, volitional movementii.Intent – single intent1.Bad faith not required – it is sufficient the actor intends to damage or possess a chattel which belongs to another2.Mistake is not a defense – Ranson v. Kitneriii.Invasion of Chattel Interest1.Dispossession – Stealing or asserting dominion and control over a chattel, Depriving possessor of use of chattel for a substantial amount of time2.Intermeddling – causing actual damages to chattel
iv.Plaintiff is in possession or is entitled to immediate possession – Trespass to chattel is a possessory right, not an owner’s right.