Torts I, Pages 74–75

Herrin v. Sutherland

Supreme Court of Montana, 1925


Defendant was not on plaintiff's property and shot his shotgun at birds that were on plaintiff's property. Plaintiff sued for $10 of damage.

Procedural History:

Defendant's general demurrer was overruled and he defaulted after plaintiff's counsel told him that only nominal damages would be demanded. The court rendered judgment for plaintiff for $1.


Is it a trespass to land to shoot birds flying over someone's land?


One's land rights extend up to an indefinite extent.


The bullets trespassed in plaintiff's property's air space like he knew it would.


Yes, it is a trespass to land to shoot birds over someone's land. Affirmed.