Trespass

Question 1

*Dougherty

Answer 1

Defendant entered plaintiffs unenclosed land and surveyed it but didn’t mark trees or cut bushes. Trespass because “every unauthorized, and therefore unlawful entry, into the close of another, is a trespass.” Only need intent to walk on the land, not the intent to trespass / cause injurious consequences.

Question 2

Hutchinson

Answer 2

Court found neighbor needed to keep his dirt within his own property line when grading his lot up to the street level. Rule is that trespass can take place at, above, or below surface of land.

Question 3

Smith

Answer 3

Trespass when eave of barn overhung onto neighbor’s land. Rule is that trespass can take place at, above, or below surface of land.

Question 4

Dellinger

Answer 4

Two children trespassed and lit charcoal burner in neighbor’s garage and then burned it down. Liable for all consequences flowing from trespass.

Question 5

Cleveland Park Club

Answer 5

Rubber ball caught in drain of pool -> damage. Often held liable when trespass -> harm. Once again, “the intent controlling is the intent to complete the physical act and not the intent to cause injurious consequences.”

Question 6

Public Service Co. of Colorado

Answer 6

Utility system upgrade caused noise, radiation, and electromagnetic fields. Intangible intrusion only trespass if can prove physical damage to property caused by intrusion.