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?
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.
Judgment:
Reversed, and a new trial granted.
