PLOOF V. PUTNAM, Supreme Ct. of VT, 1907. 71 A. 188

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PLOOF V. PUTNAM, Supreme Ct. of VT, 1907. 71 A. 188 Powered By Docstoc
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PLOOF V. PUTNAM, Supreme Ct. of VT, 1907. 71 A. 188 History: Facts: Plaintiff moored Defendant’s sloop to dock; defendant unmoored it; plaintiff and his family sustained injuries during a tempest of wind when unmoored sloop flew up on land Issue(s): Whether defendant unmoored the sloop. Whether it was the duty of defendant to permit the plaintiff to moor his sloop to the dock and to leave it that way, but defendant in disregard of his duty, negligently, carelessly, and wrongfully unmoored the sloop. Holding: Judgment affirmed and cause remanded Analysis: Inability to control movements inaugurated in the proper exercise of a strict right, will justify entries upon land and interferences w/personal property that otherwise would’ve been trespass Doctrine of necessity applies w/special force to the preservation of human life Entry upon the land of another may be justified by necessity