Torts I, Page 72

Dougherty v. Stepp

Supreme Court of North Carolina, 1835

Facts:

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.

Issue:

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

Judgment:

Reversed, and a new trial granted.

Reasoning:

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

Rule/Holding:

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