The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1880-03-26
THE LAW OF TRESPAss.

At the last meeting OF the PennSyl- /
vauia state Board of Agricultural, Geo. /
". Hood, member, from Indiana county, |
read q paper on this subject which is of /
such general interest that we have de- /
cided 10 publish it entire. n careful ,
study of the paper will give our readers /
a verv clear knowledge of the rights /
-hev possess under the law in regard to !.
.bis subject On account of its length
and the demand on our space for other |
matter. we are compelled to divide the /.
7,luer but this will not detTact from its
usefulness:
Trespass. in its largest and most eX-
tensive sense. signifies any tranSgreSSlOn
or offense against the law of nature, of
society. OF of the country in which we
live. whether it relates to mans person
or his property, But in the limited and
confined sense in which we are at pres
eut to consider it, it signifies no more
than an entry on another mans grounds
without lawful authority, and in doing
some damage, however ucOnsiderabie,
10 his real property. For the right of
property once established III lands, it
follows as a necessary consequence. that
his right must be exclusive. That is,
the owner must have 10 himself the sole
use and occupation of his soil. Every
entry. therefore, thereon, without the
owners leave. and. especially, If con-
trarv to his express order, is a trespass
or trausgressiOn. The Roman laws seem
to have made a direct prohibition ne
cessaTy in order to constitute this injury.
But the laws of England, justly cOnsid-
ering that much inconvenience may
haupeu to the owner before he las an
opportunity to forbid the entry, has
treated every entry upon another's land
as au injury or wrong, for satisfaction
Of which an action Of trespaSs Will lie
but determines the quantum of that sat
isCuctiOu by considering how far the Of
Tense was WilfUl or inadveTtent, and by
rstimating the actual damage sustained:
and the same may be said to he the law
with us to-day That every entry upon
land. in the occupation or possession Of
another. constitutes tTespaSS, unless the
act can be justified in the exercise of
some legal or personal authority, or in
cOTpOTeal right. If your land is not
surrounded by an actual fence, the law
incIOses 1t with an imaginary inClOsuTe,
20 pass which is to break and enter your
close and every trespaSS upon land Is.
in legal parianCc, an injury to the land,
although IJ consist merely IN the act Of
walking over if. and no damage is done
to the soil or grass. The mere act of
breaking through the imaginary bound
ary constitutes an action Of treSpasS, and
is i'm violation of the right Of property.
though no actual damage be done, and
where q person has a special privilege to
enter upon lands, to make seizure of
goods. and he exceeds his authority by
breaking open the outer doors of your
dwelling house. he is q trespasseT al in
tig. and all his subsequent acts are tres
passes. and his position is then the same
as that of any stranger. acting without
any color of authority or Justification
whatever. The same is true of person
who has lawful authority to enter the
lands for any purpose whatever. if he
exceeds his authority 10y doing what he
ought not to do or what he had no aU-
thori.y to do. or if he stay longer than
he had right TO stay If one man
throws stones or rubbish, or materials
~ any kind. UU The lands of another. he
is q respas> n. ami VIII be held respon-
sIUIe for tine act. To pour water out of
% pail Into another man. yard. OF to fix
spout $50 as 20 discharge water upon
another man land. or to suffer filth to
oJZa through a boundary wall and to
run over auOther'S close or ward, with
out his leave or prem lssIOn, is a tTespass
unless the right of way over the adioin-
ing close, or a right to discharge water
upon it. or right for the passage of
waste water ana refuse through IT has
been gained. There is a distinction.
however. between a direct fOrcible act
uf tre5pasS and one which is merely con-
s-gUyutidl.
If ] erect q spout ON my house so that
the water turned into it from my prem
ises fails directly upon the land of my
ueighbor, this is q trcspass but if |
erect a spout so that the water first falls
upon my own land, and then escapes on
the land of my ngighb0T. this is u not
tTespaSs, for il is lawful for me to erect
a spout on my own house SO that the
water falls upon my own land, and if
| exercise ordinary care to prevent it
from escaping on the land of my neigh
bOT. but after the water falls from the
spout it runs upon his land. | cannot be
accountable to him in the action of tres
pass. If l build my house with caves
projecting over the land of my neighbor
so that when the rain comes it falls up
on his land, trespass in this instance
VIII not lie against Inc therefor, for al
though l build my house with the caves
projecting over onto the lanI of nv
neighbOr. yet / did not cause the rain to
fall nor did il fall under my direction
or control. The injury is not direct
from the act but in consequence of it.
and a result, thereof. and for such in
juries the law has provided an action
on the case. but not trespass as the rene
dy. 80 y. ! =. 100: Is Cush.. Mass. 20. j