a. Facts-
P lived next to D’s golf course. P sued D for trespass for vehicle damage (on
P’s land) that happened because golfers from D’s golf course
b. Procedural
History- D won judgment after bench trial, court of appeals affirmed
c. Issue-
Whether unintentional damage to P’s car constitutes trespass.
d. Holding-
No, unintentional damage to P’s car does not constitute trespass.
e. Rule-
An unintentionally act of “trespass” does not constitute trespass; a requisite for trespass is intent to enter
property.
2. ʃ 164. Intrusions Under Mistake
a. Intentionally
entering another’s land on a mistaken fact or law does not clear the actor from
trespass liability
3. ʃ 166. Non-Liability for Accidental
Intrusions
a. an
actor is not liable for trespass if he entered the land accidently
i.
ex: A slips on a piece of ice which
causes him to enter B’s land. A is not liable for trespass
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