Necessity Flashcards
1
Q
Ploof v. Putnam
A
Facts: Plaintiff owned an island with a dock. Defendant tied up to dock during a storm. Plaintiff’s groundkeeper untied the boat; boat was destroyed and family members unjured.
Holdings:
- In an emergency, necessity can justify incursion onto private property.
2
Q
Vincent v. Lake Erie Transportation Co.
A
Facts:
- Boat owned by defendant. Storm approached, defendant decided to keep ship moored to plaintiff’s dock. Dock was damaged by boat slamming into dock repeatedly.
Holdings:
- Plaintiff whose property is damaged during defendant’s actions in an emergency may recover for damage.