Van Alstyne v. Rochester Telephone Corp. (1937) (lead droppings)

a.       Facts- P owned 2 dogs. D sent an employee to work on a telephone line on P’s land; D had proper authority to be on the land for repairs. During a repair, D left molten lead droppings on the ground, which P’s dogs ate. Both dogs died because of ingesting the lead droppings.

b.      Procedural History- Judgment for P

c.       Issue- Whether leaving droppings of lead on another’s property after a telephone line repair constitutes trespass

d.      Holding- Yes, leaving lead droppings on another’s property after a repair constitutes trespass

e.       Rule- By depositing articles or substances on another’s land, the depositor is liable for trespass

f.       Rationale- D did not have an expressed right to leave articles or substances on P’s land, therefore, D is liable for trespass

g.      Notes-

                                                              i.      What would a reasonable person do?

1.      A reasonable person would have checked behind to make sure nothing else is left behind