Abstract
People who cross farm land without permission are all technically guilty of a legal wrong called trespass. The law of trespass has been described as “both exceptionally simple and exceptionally vigorous.” Blackstone, the great oracle of the common law of England, said that every unauthorized entry upon the soil of another was a trespass, “for the law bounds every man’s property and is his fence.” Even if the entry is completely innocent by one who thinks he is on his own land or who is otherwise without fault it is still a technical legal wrong.
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References
Prosser, Torts (1941) 78 and Restatement of Torts (1934) section 166.
Prosser, note 1, page 436 and 2 American Jurisprudence (1936) 768.
Keilway 3 b (1497).
The classic of Judicial humor on this subject is Kopplin v. Quade, 145 Wis. 454, 130 N. W. 511 (1911).
Cooley, Torts (3rd ed. 1906) 690.
Fox v. Koenig, 190 Wis. 528, 209 N. W. 708 (1926).
American Jurisprudence (1936) 769.
American Jurisprudence (1936) 794.
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© 1960 Springer Science+Business Media New York
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Beuscher, J.H. (1960). Trespassing, Animals and Strays. In: Law and the Farmer. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-662-37866-3_23
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DOI: https://doi.org/10.1007/978-3-662-37866-3_23
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