Torts
Herrin v. Sutherland
Names of Parties: The Court: S.C. of Montana Date: 1925 Cause of Action: Trespass Facts: (D) shot a fowl over the land of the (P) while standing on the land of another. Differing Allegations (if any): Prior Procedural History: A demurrer was issued by the (D) but was overruled. A pleading stating that although the facts alleged in a complaint may be true, they are insufficient for the plaintiff to state a claim for relief and for the defendant to frame an answer. There was a judgment of $1 for the (P). Rules: Shooting a weapon over the property of another is trespass. Technical trespass is interfering with the quiet undisturbed, peaceful enjoyment of the plaintiff. Issues: If the (D) intend to enter the land by shooting a bullet? Courts Decision: Judgment affirmed for (P) Reasoning: the bullet represents something that could be a cause of trespass.