Dougherty v Stepp

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Shared by: mrdildine
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Torts Dougherty v. Stepp Names of Parties: The Court: S.C. of NC Date: 1835 Cause of Action: Trespass to land Facts: The (D) entered the (P) unenclosed piece of land, surveyed a part of it and claimed it as his own. He did cut or mark any trees. Differing Allegations (if any): Prior Procedural History: Rules: Every unauthorized intrusion into the land of another, is a sufficient trespass to support an action for breaking the close, whether the land be actually enclosed or not. And from every such entry the law infers some damage; if nothing more, the treading down the grass or shrubbery. Issues: Did the (D) error in if he did not know the land was property of another? Courts Decision: Judgment reversed and new trial given Reasoning: Any entry into the close of another involves some small harm to the close (the treading of grass, etc).

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