TRESPASS (OF. trespas, departure, Fr. trc
Trespass to goods or chattels consists in the wrongful disturbance of another's possession of them. Thus, if one injure or destroy a chattel which belongs to another without taking it from the possession of the rightful owner, or if he wrongfully deprive such owner of its possession without doing it any injnry, or if he do both of such wrongs, he is guilty of trespass. There is no crime involved in thus forcibly taking property from the possession of its owner. unless the act he done animo farandi—i.e. with an intent to commit a felony. The mere wrongful retention of the personalty of an other. even though it follow a trespass in the taking thereof, is not in itself a trespass, but constitutes the tort of conversion. It is no defense to an action of trespass that a third party was entitled to the property at the time the defend ant disturbed the plaintiff's possession, unless it is also shown that the defendant's act was au thorized by such third party. The defendant. must stand, if at all, on the strength of his own right to possession, not on the weakness of the plaintiff's. A wrongful intention is not neces
sary to actionable trespass to chattels. One who voluntarily interferes with the possession of another is bound to know whether he is acting lawfully or not. Inevitable accident, however, is a defense.
Trespass to real property is an unlawful entry upon the lands of another. Every man's land is regarded by the law as surrounded and separated from that of his neighbors by a close or bound ary. This may be a visible, tangible object, such as a fence or a hedge: but if none sue-h exist, there is thrown around the land, in eontempla 'Hon of law, an invisible, ideal boundary which effectually separates it from the property of all other persons. Any unwarrantable breaking through this close, and thereby entering o• sending a person or personal property upon the land which it. surrounds, even though no aetnal injury lie done to the property, con stitutes a trespass, for which an action at law will lie in favor of any one rightfully in posses sion when such act is done. No crime is usually committed by such a wrongful entry; and this is so even when the owner or rightful possessor has put tip notices upon the land, as is so frequently done, stating that 'Trespassers will be prose cuted.' or using other words to that effect. If, however, the trespasser wantonly injure the prop erty, as by breaking down the trees or crops, he may be criminally prosecuted for malicious mis chief. A person may commit trespass for which he will be liable in a civil action for damages, not only by his own entry upon land, but also by wrongfully sending his personal property upon it or permitting it to go there. Thus, if he un warrantably drive his cattle upon his neighbor's soil or negligently permit them to go upon it, he becomes liable to an action in trespass for the resulting damages. The common law also gives to the injured land-owner, in such cases, another remedy by permitting him to distrain or impound the cattle thus damage feasant, or doing damage, until their owner renders him satisfaction for the injury sustained.