TRESPASS QUARE CLAUSUM FREGIT (Lat. quare daimon fregit, because he had broken the close). The form of action which lies to recover damages for injuries to the realty consequent upon entry without right upon the plaintiff's land.
Close means the interest a person has in any piece of ground, whether enclosed or not; when the plaintiff had not an interest in the soil, but an interest in the profits only, tres pass may be maintained ; 2 Wheat. Selw. [1340].
Mere possession is sufficient to enable one having it to maintain the action ; Gault v. Jenkins, 12 Wend. (N. Y.) 488 ; Branson v. Studabaker, 133 lud. 147, 33 N. E. 98; Lang don v. Templeton, 61 Yt. 119, 17 Atl. 839 ; ex cept as against one claiming under the right ful owner ; Harris v. Gillingham, 6 N. H. 9, 23 Am. Dec. 701; Webb v. Sturtevant, 2 Scam. (Ill.) 181; Richardson v. Murrill, 7 Mo. 333; Marks v. Sullivan, 8 Utah, 406, 32 Pac. 668, 20 L. R. A. 590; and no one but the tenant can have the action ; Holmei v. Seely. 19 Wend. (N. Y.) 507 ; except in case of ten
ancies at will or by a less secure holding ; Woodruff v. Halsey, 8 Pick. (Mass.) 333, 19 Am. Dec. 329. It cannot be maintained if de fendant was in possession of the locus in quo at the time of the alleged trespass, and for some years before ; Collins v. Beatty, 148 Pa. 65, 23 Atl. 982. See CLOSE.
The action lies where an animal of the de fendant breaks the plaintiff's close, to his in jury ; Dolph v. Ferris, 7 W. & S. (Pa.) 367, 42 Am. Dec. 246.
"In trespass quare clausum fregit, it is immaterial whether the quantum of harm suffered be great, little, or unappreciable Whittaker v. Stangvick, 100 Minn. 386, 111 N. W. 295, 10 L. R. A. (N. S.) 921, 117 Am. St. Rep. 703, 10 Ann. Cas. 528; where it was held that shooting guns over another's land was a wrong which, being planned to be re peated or continuous, would be prevented by injunction. As to damages as an essential in trespass. See TRESPASS.