Login

Login

To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library

Add

Search

Login
Register
Register

Hulle v. Orynge (The Case of Thorns)

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
AA
Font size

Torts Keyed to Prosser

View this case and other resources at:
Bloomberg Law

Citation. King’s Bench, 1466. Y.B.M. 6 Edw. IV, folio 7, placitum 18.

Brief Fact Summary. When trying to retrieve thorns that dropped onto Plaintiff’s property, Defendant damaged crops and although Defendant had justification to enter Plaintiff’s property, he was found liable for trespass.

 

 


Synopsis of Rule of Law. One who voluntarily does an act which results in damages to another is responsible for the damages even if the act was lawful.

 


Facts. Defendant was trimming thorns on his property and some landed on Plaintiff’s property. When attempting to retrieve the thorns, Defendant damaged some of Plaintiff’s crops. Plaintiff then sued Defendant for trespass and for damages related to his destroyed crops. Defendant tried to defend the claim with the argument that because he was justified in trespassing to retrieve the thorns (i.e. acting lawfully), Plaintiff should have no cause of action.

 


Issue. Is a party liable for unintentional damages arising from a lawful intentional act?

 


Create New Group

Casebriefs is concerned with your security, please complete the following