Thank you for this explanation. It does help to clarify what was going on in
the court cases I was reading.  I appreciate the response.

Loretta
----- Original Message -----
From: "Marilyn Symonds" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, August 16, 2001 11:26 AM
Subject: Trespass on the Case


> As I understand this common law action, the remedy developed in the
> law to redress the injury to the personal property of an owner. In the
> case of the action of trespass vi et armis, the wrongful act is
> immediately injurious to the personal property of another and is
> accompanied by a degree of force: e. g. shooting a man's dogs or
> taking from the value of any of his personal property or worsening its
> condition. In the instance by the trespass action on the case, the act
> itself is indifferent, and the injury is *consequential* and without a
> breach of the peace. For example, the spray from painting the garage
> drifts across the property line and coats the neighbor's car. In both
> of these trespass actions, the plaintiff shall recover damages in
> proportion to the injury which he proves his property sustained. Hope
> this helps.
>
> Marilyn Symonds
>
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