Torts I, Page 72

Dougherty v. Stepp

Supreme Court of North Carolina, 1835


Defendant entered plaintiff's land and surveyed, thinking it was his land. They did no damage or markings however.

Procedural History:

Circuit court held it to not be a trespass because there was no damage.


Is it a trespass to enter someone's land without doing damage?


The law infers some damage, if nothing more than the treading down of the grass.


Every unauthorized entrance into the close of another is a trespass.


Reversed, and a new trial granted.

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