(A) torts. An unlawful act committed with violence, ti et armis, to the person, property or relative rights of another. Every felony includes a trespass, in common parlance, such acts are not in general considered as trespasses, yet they subject the offender to an action of trespass after his conviction or acquittal. See civil remedy. 2. There is another kind of trespass, which is committed without force, and is known by the name of trespass on the case. This is not generally known by the name of trespass. 3. The following rules characterize the injuries which are denominated trespasses, namely: 1. To determine whether an injury is a trespass, due regard must be had to the nature of the right affected. A wrong with force can only be offered to the absolute rights of personal liberty and security, and to those of property corporeal; those of health, reputation and in property incorporeal, together with the relative rights of persons, are, strictly speaking, incapable of being injured with violence, because the subject-matter to which they relate, exists in either case only in idea, and is not to be seen or handled. An exception to this rule, however, often obtains in the very instance of injuries to the relative rights of persons; and wrongs offered to these last are frequently denominated trespasses, that is, injuries with force. 4. 2. Those wrongs alone are characterized as trespasses the immediate consequences of which are injurious to the plaintiff; if the damage sustained is a remote consequence of the act, the injury falls under the denomination of trespass on the case. 5. 3. No act is injurious but that which is unlawful; and therefore, where the force applied to the plaintiff’s property or person is the act of the law itself, it constitutes no cause of complaint. As to what will justify a trespass, see Battery. (B) remedies. The name of an action, instituted for the recovery of damages, for a wrong committed against the plaintiff, with immediate force; as an assault and battery against the person; an unlawful entry into his, land, and an unlawful injury with direct force to his personal property. It does not lie for a mere non-feasance, nor when the matter affected was not tangible. 2. The subject will be considered with regard, 1. To the injuries for which trespass may be sustained. 2. The declaration. 3. The plea. 4. The judgment.
Law Dictionary – Alternative Legal Definition
Any misfeasance or act of one man whereby another is injuriously treated or damnified. 3 Bl. Comm. 208. An injury or misfeasance to the person, property, or rights of another person, done with force and violence, either actual or implied in law. In the strictest sense, an entry on another’s ground, without a lawful authority, and doing some damage, however inconsiderable, to his real property. 3 Bl. Comm. 209. Trespass, in its most comprehensive. sense, signifies any transgression or offense against the law of nature, of society, or of the country in which we live; and this, whether it relates to a man’s person or to his property. In its more limited and ordinary sense, it signifies an injury committed with violence, and this violence may be either actual or implied; and the law will imply violence though none is actually used, when the injury is of a direct and immediate kind, and committed on the person or tangible and corporeal property of the plaintiff. Of actual violence, an assault and battery is an instance; of implied, a peaceable but wrongful entry upon a person’s land. Brown. In. practioe. A form of action, at the common law, which lies for redress in the shape of money damages for any unlawful iDjury done to the plaintiff, in respect either to his person, property, or rights, by the immediate force and violence of the defendant. Continuing trespass. One which does not consist of a single isolated act but is in its nature a permanent invasion of the rights of another; as, where a person builds on his own land so that a part of the building overhangs his neighbor’s land. Permanent trespass. One which consists of a series of acts, done on successive days, which are of the same nature, and are renewed or continued from day to day, so that, in the aggregate, they make up one indivisible wrong. 3 Bl. Comm. 212. Trespass de bonis asportatis. (Trespass for goods carried away.) In practice. The technical name of that species of action of trespass for injuries to personal property which lies where the injury consists in carrying atony the goods or property. See 3 Bl. Comm. 150, 151. Trespass for mesne profits. A form of action supplemental to an action of ejectment, brought against the tenant in possession to recover the profits which he has wrongfully received during the time of his occupation. 3 Bl. Comm. 205. Trespass on the ease. The form of action, at common law, adapted to the recovery of damages for some injury resulting to a party from the wrongful act of another, unaccompanied by direct or immediate force, or which is the indirect or secondary consequence of such act. Commonly called, by abbreviation, “Case.” Trespass quare claustun fregit. “Trespass wherefore he broke the close. The common law action for damages for an unlawful entry or trespass upon the plaintiffs land. In the Latin form of the writ, the defendant was called upon to show why he broke the plaintiff’s close; i.e., the real or imaginary structure inclosing the land, whence the name. It is commonly abbreviated to “trespass qu. ch fr.” See Kimball v. Hilton, 92 Me. 214, 42 Atl. 394. Trespass to try title. The name of the action used in several of the states for the recovery of the possession of real property, with damages for any trespass committed upon the same by the defendant. Trespass vi et armis. Trespass with force and arms. The common law action for damages for any injury committed by the defendant with direct and immediate force or violence against the plaintiff or his property.