TRESPASS. Any misfeasance or act of one man whereby another is injuriously treated or damnified. 3 Blackstone, Comm. 208 ; 7 Conn. 125.
Any unlawful act committed with violence, actual or implied, to the person, property, or rights of another.
Any unauthorized entry upon the realty of another to the damage thereof.
The word is used oftener in the last two some whatlestricted significatione than ih the first sense here given. In determining the nature of the act, neither the amount of violence or the intent with which it is offered, nor the extent of the damage accomplished or the purpose for which the act RAS committed, are of any importance: since a person who enters upon the land of another without leave, to lead off his own runaway horse, and who breaks a blade of grass in so doing, commits a trespass. 2 Humpbr. Tenn. 325 ; 6 Johns. N, Y. 5.
It is said that some damage must be committed to make an act a trespass. It Is undouhtedly true that damage is reqUired to constitute a trespass for which an action will lie; hut, so far al the tort itself is ooncerned, it seems more than doubtful if the mere oommission of an act affecting another, without legal authoriti, does not constitute trespass, though until damage is done the law will not re gard it, inasmueli'as the law does not regard trifles.
The dietinctionUtween the diffdrent classes of trespass is of hnportance in dotermining the nature of the remedy.
A trespass committed with force is said to be done vi et armis ; one committed by entry upon the realty, by breaking the clo.te.
/n Practice. A form of action which lies to recover damages for the injury sus tained by the plaintiffi as the immediate con sequence of some wrong done forcibly to his person or property, against the person com mitting the same.
2. The action lies for injuriesto the person, crf the plaintiff: as, by assault and batfery, *Minding, imprisonment, and the like. 9.11.t. 852; 6 Blackf. Ind. 375.
It lies, also, for foroible injuries to the per son of another, whereby a dired injury is done to the plaintiff in regard to his rights as parent, master, etc. 2 Aik. Vt. 465 ; 2 Caines, N. Y. 292; 8 Serg. & R. Penn. 36. It does not lie for mere nott-fetthance, nor Where the matter affected was not tangible.
The action lies for injuries to personal po.o perty, which may be committed by the seve ral acts of unlawfully striking, chasing if alive, and carrying a:way tu the damage of the plaintiff, a personal chattel, 1 Wmg. &wind. 84, nn. 2, 3 ; Titzherbert, Nat. Brev. 86 ; Brooke, Abr. Trespass, pl. 407 ; Croke Jac.
362, of which another is the owner and in possession, 2 Root, Conn. 209 ; 5 Vt. 97, and for the removal or injury of inanimate per sonal property, 1 Me. 117; 12 id. 122 ; 13 Pick. Mass. 139 ; 5 Johns. N. Y. 348, of which another has the possession, actual or con structive, 11 Pick. Mass. 382 ; 21 id. 369; 13 Johns. N. Y. 141 ; 1 N. II. 110 ; 4 J. J. Marsh. Ky. 18; 2 Bail. SO. C. 466 ; 4 Mtinf. Va, 444; 6 Blackf. Ind. 136; 4 Ill. 9 ; 6 Watts & S. Penn. 323, without the owner's assent. A naked possession or right to immediate possession is sufficient to support this action. 1 Terni, 480 ; 7 Johna. N. Y. 535 ; 8 id.432; 11 id. 377 ; 5 Vt. 274; 1 Penn. St. 238 ; 17 Serg. & R. Penn. 251 ; 11 Mass. 70 ; 11 Vt. 521 ; 1 Ired. No. C. 163 ; 10 Vt. 165. See TRESPASSER, The action Ilea also for injaries to the realty consequent upon entering without right upon another man's land (breaking his close). The inclosure May be purely imaginary, 3 — Blackstone, Comm. L)09 ; 1 Dev. & B. No. (.1. 371, but reaches to the sky and to the centre of the earth. 19 Johns. N. Y. 381.
3. The plaintiff must be in possession With some title, 5 East, 485 ; 9 Johns. N. Y. 61.; 11 id. 140, 385 ; 12 id. 183 ; 1 Nott & M'C. So. C. 356 ; 2 id. 68 ; 10 Corn). 225 ; 11 id. 60 ; 6 Rand. Va. 8, 556 ; 4 Watts: Penn. 377 ; 4 Pick. Mass. 305 ; 15 id. 32 ; 4 Bibb; Ky. 218 ; 2 Hill, So. C. 466 ; 1 Harr. & J. Md. 295 ; 31 Penn. St. 304 ; 5 IIarr. Del. 320 ; 11 Ired. 417; though mere title is au& cient where no one is in possession, 2 Ala. 229; 1 Wend: N. Y. 466; 1 Vt. 485 • 8 Pick: Mass. 333 ; 4 Dev. & B. No. C. 6'8, as in case of an owner to the centre of a highway: 4 N. H. 36 ; 1 Penn. St.336 ; see 17 Pick. Mass. 357; and mete possesSion is sufficient against a wrong-cther, 9 Ala. 82 ; 1 Rice, So. C. 368; 23 Ga. 590; see 22 Pick. Mass. 295; and the possession may be by att agent, 3 M'Cord, So. C. 422 ; but not by a tenant, 8 Pick: Mass. 235 ; 1 Hill, So. C. 260; see 13 Ind. 64$ other than a tenant at will. 15 Pick. Mass: 102.
An action Will not iie unless some damage is committed; but slight damage only is re quired. 2 Johns. N. 357; 9 id. 113, 377; 2 Mass. 127; 4 ic/. 266.
4. Some damage must have been done to sustain the 'action, 2 Bay, So. C. 421; though it may have been very slight as, breaking glass. 4 Mass. 140.
The action will not lie where the defendant has a justification sufficient to excuse the act committed, though he acted without author ity from the owner or the person affected. 8 Law Rep. 77. See JUSTIFICATION ; TRES