TortsTrespasstrespassimmediate injurycausationjoint trespassersconcert of actionnatural and ordinary consequences
Facts
The defendant descended from a balloon onto the plaintiff's enclosed premises. A crowd then came onto the premises, apparently from curiosity or to render assistance, and trampled and destroyed the plaintiff's vegetables and flowers. The defendant argued that his own act was involuntary as to the injury and that the crowd acted voluntarily, so he should not be liable for their conduct. The opinion also states that in the present case the defendant called for help and may have been heard by the crowd.
Issue
Whether a balloonist who descends onto another's land is liable in trespass for damage caused by a crowd that follows him onto the property, where the crowd's entry and trampling were the ordinary and natural consequence of his descent and call for help.
Rule
Intent is not the test of liability in trespass. If a person's act causes an immediate injury, trespass is the proper action whether the act was intentional or unintentional. To hold one person liable in trespass for the acts of others, it must appear either that they acted in concert or that the person's act ordinarily and naturally produced the acts of the others.
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10 practice questions + 4 AI-graded essays on this case
One of 10 multiple-choice questions for this case. Pick an answer to see why.
During a street festival in Savannah, Nolan Price loses control of a horse-drawn promotional cart when the horse startles. The cart breaks through the gate of Elena Ruiz's enclosed herb garden, and several bystanders jump inside to stop the horse, crushing rows of plants in the process.
Is Nolan most likely liable in trespass for the damage to Elena's garden?
Explanation. The majority rule is that intent is not the test in trespass if the defendant's act causes the immediate injury. A defendant is also liable for acts of others when they acted in concert or when the defendant's act ordinarily and naturally produced their acts. Nolan's loss of control and crash into the enclosed garden immediately produced the need for intervention, so the crowd's trampling is attributable to him. (Derived from Guille v. Swan (n.d.).)