CitationPoggi v. Scott, 167 Cal. 372, 139 P. 815, 1914 Cal. LEXIS 469 (Cal. 1914) Brief Fact Summary. Defendant mistakenly sold Plaintiff’s wine. Plaintiff sued Scott (Defendant) for conversion. Synopsis of Rule of Law. Conversion is the unwarranted interference by defendant with the dominion over the property of the plaintiff, which results in damages. ...
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Moore v. Regents of the University of California
CitationKatz v. Regents of the Univ. of Cal., 229 F.3d 831, 2000 U.S. App. LEXIS 26759, 84 Fair Empl. Prac. Cas. (BNA) 129, 79 Empl. Prac. Dec. (CCH) P40,287, 2000 Cal. Daily Op. Service 8544, 2000 Daily Journal DAR 11383 (9th Cir. Cal. Oct. 25, 2000) Brief Fact Summary. Dr. Golde (Defendant) removed Moore’s (Plaintiff’s) spleen and blood products to save his life. Defendant knew that these blood products had great economic value. Defendant deceived Plaintiff and developed the cells without his consent. Plaintiff sued for conversion and failure to disclose. Synopsis of Rule of L ...
Kline v. 1500 Massachusetts Avenue Apartment Corp
CitationKline v. 1500 Massachusetts Ave. Apartment Corp., 439 F.2d 477, 1970 U.S. App. LEXIS 7831, 141 U.S. App. D.C. 370, 43 A.L.R.3d 311 (D.C. Cir. Aug. 6, 1970). Brief Fact Summary. Sarah B. Kline (Plaintiff) was attacked in the common hallway of Massachusetts Avenue Apartment Corp.’s (Defendant’s) apartment building. Plaintiff brought suit against Defendant to recover the personal injuries she sustained. Synopsis of Rule of Law. A landlord has a duty to take steps to protect tenants from foreseeable criminal acts committed by third parties ...
Rowland v. Christian
CitationRowland v. Christian, 69 Cal. 2d 108, 443 P.2d 561, 70 Cal. Rptr. 97, 1968 Cal. LEXIS 231, 32 A.L.R.3d 496 (Cal. 1968) Brief Fact Summary. Rowland (Plaintiff) asked to use the bathroom and was injured when a cracked handle of the cold-water faucet on the basin broke and severed tendons and nerves on his right hand. Nancy Christian (Defendant) had known for two weeks that the handle was cracked and had complained to the manager. However, she did not warn Plaintiff of the condition. Synopsis of Rule of Law. Ordinary principles of negligence may be used to determine the liability of a ...
Robert Addie & Sons (Collieries), Ltd. v. Dumbreck
Citation2010 U.S. Dist Brief Fact Summary. Dumbreck’s son entered Robert Addie & Sons Ltd.’s (Defendant’s) land, and was killed by Defendant’s haulage system. Synopsis of Rule of Law. The trespasser comes onto Defendant’s premises at his own risk. Defendant is liable only when the injury is due to some willful act involving something more than the absence of reasonable care. ...
Buch v. Amory Manufacturing Co
CitationBuch v. Amory Mfg. Co., 69 N.H. 257, 44 A. 809, 1897 N.H. LEXIS 49 (N.H. 1898). Brief Fact Summary. Plaintiff, who was eight-years-old, trespassed in Defendant’s mill. Plaintiff’s hand was crushed in a machine. Synopsis of Rule of Law. An owner of land owes a trespasser a duty to abstain from any other or further intentional or negligent acts of personal violence. Owners are not bound to warn trespassers of hidden or secret dangers. ...
Brower v. New York Central & H.R.R
Citation91 N.J.L. 190, 103 A. 166, 1918 N.J. 155, 1 A.L.R. 734. Brief Fact Summary. New York Central & R.R.’s (Defendant’s) train hit Browe’s (Plaintiff’s) wagon. Plaintiff was still confused from the accident, while third parties stole his goods. Plaintiff sued Defendant for damages resulting from the accident and sought recovery for the stolen goods. Synopsis of Rule of Law. The acts of a third party do not affect the liability of the original wrongdoer if the act should have been reasonably foreseen. ...
Kingston v. Chicago & N.W. Ry
Citation191 Wis. 610, 211 N.W. 913,1927 Wisc. 108. Brief Fact Summary. Two fires were the proximate cause of the destruction of Plaintiff’s land. Chicago & N.W. Ry. (Defendant) negligently set one of the fires, therefore, Plaintiff sued Defendant for negligence. Synopsis of Rule of Law. Any one of two or more joint tortfeasors, or one of two or more wrongdoers whose concurring acts of negligence result in injury, are each individually responsible for the entire damage resulting from their joint or concurrent acts of negligence. ...
LeRoy Fibre Co. v. Chicago, Milwaukee & St. Paul Ry
CitationLe Roy Fibre Co. v. Chicago, M. & S. P. Railway, 34 S. Ct. 415, 232 U.S. 340, 58 L. Ed. 631, 1914 U.S. LEXIS 1362 (U.S. Feb. 24, 1914) Brief Fact Summary. Sparks from Chicago, Milwaukee & St. Paul Ry’s (Defendant’s) train ignited Plaintiff’s stack of straw. The jury found that Defendant negligently operated its train by allowing it to emit large quantities of sparks and live cinders. However, the jury found Plaintiff guilty of contributory negligence by placing the exposed stacks within 100 feet of a railroad track. Synopsis of Rule of Law. The rights of o ...
Vaughan v. Menlove
Citation132 Eng. Rep. 490 (C.P. 1837). View this case and other resources at: Brief Fact Summary. Defendant’s rick of hay burst into flames after several repeated warnings of the possibility of fire. Plaintiff’s neighboring cottages were consumed in the fire. Plaintiff sued Defendant for gross negligence. Synopsis of Rule of Law. In assessing Defendant’s liability under a theory of gross negligence, Defendant is bound to proceed with such reasonable caution as a prudent man would have exercised under similar circumstances. ...
Hammontree v. Jenner
CitationHammontree v. Jenner, 20 Cal. App. 3d 528, 97 Cal. Rptr. 739, 1971 Cal. App. LEXIS 1197 (Cal. App. 2d Dist. Oct. 14, 1971) Brief Fact Summary. Jenner (Defendant) had an elliptic seizure while driving his car and crashed into Plaintiff’s store causing personal injuries and property damage. Plaintiff sued in negligence and absolute liability. The court refused to impose absolute liability. Synopsis of Rule of Law. Liability of a driver, suddenly stricken by an illness rendering him unconscious, for injury resulting from an accident occurring during that time rests on principles of ...
Brown v. Collins
CitationBrown v. Collins, 541 U.S. 948, 2004 U.S. LEXIS 2215, 124 S. Ct. 1684, 158 L. Ed. 2d 377, 72 U.S.L.W. 3598 (U.S. Mar. 22, 2004) Brief Fact Summary. Collins (Defendant) unintentionally and without fault entered and damaged Brown (Plaintiff) land when his horses became frightened. Plaintiff sued Defendant for trespass. Synopsis of Rule of Law. The distinction made between natural and unnatural use of land is not established in the law. The rule in Rylands v. Fletcher would impose penalty upon efforts made in a reasonable, skillful, and careful manner. ...
Fletcher v. Rylands
Citation159 ER 737, Volume 159 Brief Fact Summary. Water from Defendant’s reservoir escaped onto Plaintiff’s land because of an unknown latent defect in Defendant’s subsoil. Plaintiff sued Defendant for trespass. Synopsis of Rule of Law. This action is maintainable on the plain ground that Defendant has caused water to flow into Plaintiff’s land. ...
Rylands v. Fletcher
CitationState ex rel. Fletcher v. Ruhe, 52 P. 274, 24 Nev. 251, 1898 Nev. LEXIS 8 (Nev. 1898) Brief Fact Summary. Water from Defendant’s reservoir escaped onto Plaintiff’s land because of an unknown latent defect in Defendant’s subsoil. Plaintiff sued Defendant for trespass. Synopsis of Rule of Law. One who lawfully brings something onto his land, which though harmless while it remains there will naturally do mischief if it escapes the land, will be strictly liable for its escape. ...
The Thorns Case
View this case and other resources at: Citation. Y.B. Mich. 6 Ed. 4, f. 7, pl. 18 (1466). Brief Fact Summary. Defendant cut thorns from a hedge. These thorns landed on Plaintiff’s land and Defendant entered Plaintiff’s land to retrieve them. Plaintiff brought suit for trespass. Synopsis of Rule of Law. If one does harm to the person or property of another, he is liable for the damage he causes even if it is an unintentional, lawful act that has caused the damage. ...
Ploof v. Putnam
CitationPloof v. Putnam, 83 Vt. 494, 76 A. 145, 1910 Vt. LEXIS 220 (Vt. 1910) Brief Fact Summary. To escape a storm, Ploof (Plaintiff) tied his boat to Putnam’s (Defendant’s) dock. Defendant untied Plaintiff’s boat. Plaintiff and his family were injured and the boat was destroyed. Synopsis of Rule of Law. Necessity will justify entries upon land and interferences with personal property that would otherwise have been trespass. ...
Vincent v. Lake Erie Transportation Co.
CitationVincent v. Lake Erie Transp. Co., 109 Minn. 456, 124 N.W. 221, 1910 Minn. LEXIS 588 (Minn. 1910) Brief Fact Summary. Lake Erie Transportation Co. (Defendant) tied and prudently held its steamship to Vincent’s (Plaintiff’s) dock during a severe storm. In doing so, Defendant preserved its steamship at the expense of Plaintiff’s dock. Plaintiff seeks compensation for the damage done to the dock and Defendant claims the privilege of private necessity. Synopsis of Rule of Law. A party acting under private necessity is liable for damages incurred to the property of others. ...
Bird v. Holbrook
Citation130 eng. Rep. 911 (C.P. 1825). Brief Fact Summary. Bird (Defendant) set a spring gun trap in his garden to protect his property. The spring gun trap injured Holbrook (Plaintiff) innocent trespasser. Synopsis of Rule of Law. No man can do indirectly that which he is forbidden to do directly. ...
Kirby v. Foster
CitationKirby v. Foster, 17 R.I. 437, 22 A. 1111, 1891 R.I. LEXIS 50 (R.I. 1891) Brief Fact Summary. Foster (Defendant) used force to retake money from Kirby (Plaintiff). Plaintiff peacefully took money entrusted to him because he honestly believed that the money was due to him. Synopsis of Rule of Law. The right of recapture of chattels involves two things: first, possession by the owner, and, second, a purely wrongful taking or conversion, without a claim of right. ...
McGuire v. Almy
CitationMcGuire v. Almy, 297 Mass. 323, 8 N.E.2d 760, 1937 Mass. LEXIS 767 (Mass. 1937) Brief Fact Summary. Mcquire (Plaintiff), a registered nurse, was hired to care for Almy (Defendant), an insane person. During a violent attack, Defendant stuck Plaintiff with the leg of a low-boy (a piece of furniture). Plaintiff brought suit against Defendant for assault and battery. Synopsis of Rule of Law. An insane person is liable for his intentional torts. ...
Intel Corp. v. Hamidi
CitationIntel Corp. v. Hamidi, 2003 Cal. LEXIS 4812 (Cal. June 30, 2203) Brief Fact Summary. Intel Corp. (Plaintiff) brought suit against Hamidi (Defendant), claiming that by communicating with Plaintiff’s employees on Plaintiff’s email system, Defendant committed the tort of trespass to chattels. Synopsis of Rule of Law. Under California law, the tort of trespass to chattels does not encompass an electronic communication that neither damages the recipient computer system nor impairs its functioning. ...
Dougherty v. Stepp
CitationDougherty v. Stepp, 18 N.C. 371, 1835 N.C. LEXIS 45, 1 Dev. & Bat. Law 371 (N.C. 1835). Brief Fact Summary. Stepp (Defendant) entered onto Dougherty’s (Plaintiff’s) land to claim a portion of it as his own. No actual physical damage was done to Plaintiff’s land. Synopsis of Rule of Law. Every unauthorized entry onto the land of another is a trespass. ...
Ollerman v. O’Rourke Co
CitationOllerman v. O’Rourke Co., 1977 Wisc. LEXIS 1328, 77 Wis. 2d 665, 253 N.W.2d 252 (Wis. May 3, 1977) Brief Fact Summary. The Circuit Court for Milwaukee County (Wisconsin) overruled the Appellant, O’Rourke Co’s (Appellant), motion to dismiss the Appellee, Ollerman’s (Appellee) amended complaint for failing to state a claim upon which relief could be granted. The Appellant sought review. Synopsis of Rule of Law. The bases of responsibility in the intent, negligence, and strict responsibility classifications of torts have at least three elements in common: (1) T ...
Gauerke v. Rozga
CitationGauerke v. Rozga, 112 Wis. 2d 271, 332 N.W.2d 804, 1983 Wisc. LEXIS 2879 (Wis. Apr. 26, 1983) Brief Fact Summary. The Court of Appeals (Wisconsin) found the Appellants, Kenwood Gauerke and Elisabeth Gauerke (the Gauerkes), realty companies, a real estate agent, and an insurer (Appellants), liable on a theory of strict responsibility for the misrepresentations of the Appellant real estate agent regarding the acreage and the amount of road and river frontage of resort property purchased by the Respondent purchasers, Robert W. Rozga and Ann C. Rozga (Respondents). The Appellants challe ...
Pinnacle Peak Developers v. TRW Investment Corp
CitationPinnacle Peak Developers v. TRW Inv. Corp., 129 Ariz. 385, 631 P.2d 540, 1980 Ariz. App. LEXIS 725 (Ariz. Ct. App. Oct. 28, 1980) Brief Fact Summary. An Arizona trial court granted partial summary judgment to the property owners by quieting title to the property and awarding attorney fees. The developer appealed. Synopsis of Rule of Law. The parol evidence rule renders inadmissible any evidence of prior or contemporaneous oral understandings and of prior written understandings, which would contradict, vary or add to a written contract, which was intended as the final and complete s ...