Docstoc

Keeble v Hickeringill - DOC

Document Sample
Keeble v Hickeringill - DOC Powered By Docstoc
					3cdcb0ac-6d34-4f95-a7ee-3e04c9648a06.doc

31

Keeble v. Hickeringill, Queen’s Bench, 1707 Issue Reasoning
If ∆ used the same decoying/employment techniques, the no action would lie – because he has as much liberty to do that. Public Policy reason: the people who are so instrucmental by their skill and industry so to furnish the markets should reap the benefit.

Rule
A landowner may use his land for pleasure or profit. Anyone who hinders him in this is liable. Hindrance, through competition is OK. When a person hinders another’s use of his own property for profit, it is actionable.

Facts
On three occasions, the ∆ fired guns near the Keeble’s pond which he had outfitted for duck catching, he fired the guns in order to frighten the ducks away and cause Keeble economic damage.

Theory: Malice interference with trade.

Dissent Held Procedure P argues D argues

Keeble brought an action for disturhance.

Ratione soli: An owner of land has possession.


				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:237
posted:5/30/2009
language:English
pages:1