Ploof (Plaintiff) attached his boat to Putnam’s (Defendant) dock during a storm to protect his family. Defendant’s servant unhooked the boat, destroying it and causing injuries to Plaintiff’s family. Plaintiff sued Defendant for trespass and negligence.
When something out of one’s control causes one to enter upon another person’s land, one cannot be held liable for trespass.
Ploof (Plaintiff) and his family were out sailing on a lake when a sudden storm began. To protect his boat and family, Plaintiff secured his boat onto Putnam’s (Defendant) dock on an island. Defendant’s servant unhooked the boat from the dock. Once unsecured, the storm led the boat to crash onto the shore and flung Plaintiff’s family into the lake, injuring them. Plaintiff has sued Defendant for trespass and negligence for unhooking the boat.
Is entering onto another’s land permitted in cases of necessity?
Yes, the Court held that Plaintiff’s entry onto Defendant’s land was permitted due to necessity. The Court affirmed and remanded the case.