What is TRESPASS?

Any misfeasance or act of one man whereby another is injuriously treated or damnified. 3 Bl. Comm. 208. An injury or misfeasance to the person, property, or rights of another person, done with force and violence, either actual or implied in law. See Grunson v. State, 89 Ind. 530, 46 Am. Rep. 178; Southern Ity. Co. v. Harden, 101 Ga. 203, 28 S. E. 847; Blood v. Kemp, 4 Pick. (Mass.) 173; Toledo, etc., R. Co. v. McLaughlin, 03 111. 391; Agnew v. Jones, 74 Miss. 347, 23 South. 25; Hill v. Kimball. 70 Tex. 210, 13 S. W. 59, 7 L. R. A. 618. In the strictest sense, an entry on another’s ground, without a lawful authority, and doing some damage, however inconsiderable, to his real property. 3 Bl. Comm. 209. Trespass, in its most comprehensive sense, signifies any transgression or offense against the law of nature, of society, or of the country in which we live; and this, whether it relates to a man’s person or to his property. In its more limited and ordinary sense, it signifies an injury committed with violence, and this violence may be either actual or implied; and the law will imply violence though none is actually used, when the injury is of a direct and immediate kind, and committed on the person or tangible and corporeal property of the plaintiff. Of actual violence, an assault and battery is an instance; of implied, a peaceable but wrongful entry upon a person’s land. Brown. In practice. A form of action, at the common law, which lies for redress in the shape of money damages for any unlawful injury done to the plaintiff, in respect either to his person, property, or rights, by the immediate force and violence of the defendant.

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