PRIVATE NECESSITY AND PUBLIC NECESSITY

Question 1

VINCENT V. LAKE ERIE TRANSPORTATION CO. (DOCK CASE)

Answer 1

Defendant docked their boat at plaintiff’s dock during a storm so it wasn’t damaged, but dock was damaged – while this defense proves they did not trespass, they are still liable for the monetary damages caused by their boat to the dock

Question 2

MARY V. STATE OF IDAHO (FLOODING CASE)

Answer 2

Plaintiff’s claimed flooding trespassed into their land due to poor decision making by the government during flood emergency, gov. argued it was public necessity – defendant’s could not be protected under this defense, but maybe under the Disaster Preparedness Act, so summary judgement reversed