Trespass

remedies, is the of an action, instituted for the of damages, for a wrong against the plaintiff, with force; as an assault and against the person; an unentry into his land, and an injury with direct force to personal property. It does not a mere non-feasance, nor the matter affected was not It will be proper to conthis subject with reference to 1, to the person; 2, to perproperty; 3, to real property; when trespass can or cannot justified by legal proceedings. Trespass is the proper remedy assault and battery, woundimprisonment, and the like; also lies for an injury to the rights when occasioned by as for beating, wounding, and a wife or servant, by the plaintiff has sustained a Co. 113; 10 Co. 130. Vide to actions; Per quod, and Pr. 37.; The action of trespass is the remedy for injuries to perproperty, which may be by the several acts of striking, chasing, if alive, carrying away to the damage Saund. &4,n.

2, 3; F. N. B. 86; Bro. Trespass, pl.

407; Toll. Executors, 112; Cro. Jac. 262; of which another is the owner and in possession; but a naked possession or right to immediate possession, is a suffcient title to support this action. 1 T. R. 480; and see 8 John. R. 432; 7 John. R. 6535; 11 John. R. 377; Cro. Jac. 46; 1 Chit. Pl. 165.

3.

Trespass is the proper remedy for the several acts of breaking through an enclosure, and coming into contact with any corporeal hereditament, of which another is the owner and in possession, and by which a damage has ensued. There is an ideal fence, reaching in extent upwards, a superficie terra usque ad celum, which encircles every man’s possessions, when he is owner of the surface, and downwards as far as his property descends; the entry, therefore, is breaking through this enclosure, and this generally constitutes, by itself, a right of action. The plaintiff must be the owner, and in ssion.

5 East, R. 485; 9 John. 61; 12 John. R. 183; 11 John. R. 385; Ib. 140.

There must have been some injury, however, to entitle the plaintiff to recover, for a man in a balloon may legally be said to break the close of the plaintiff, when passing over it, as he is wafted by the wind, yet as the owner’s possesson is not by that act incommoded, tresspass could not probably be maintained; yet, if any part of the machinery were to fall upon the land, the areonaut could not justify an entry into it to remove it, which proves that the act is not But ee the slightest injury, as treading down the grass, is sufficient. Vide 1 Chit. Pl. 173; 2 John. R. 357; 9 John. R. 113, 377; 2 Mass. R. 127; 4 Mass. R. 266; 4 John. R. 150. lar process of a court of competent jurisdiction, or of a single magistrate having jurisdiction of the subject matter, itis a sufficient justification tu him; but when the court has no jurisdiction and the process is wholly void, the defendant cannot justify under it. Vide Irregularity; Regular and Irregular process. Vide, generally, Bro. Ab. b. t.; Nelson’s Ab. h. t.; Bac. Ab. h. t. we Dane’s Ab. h. t.;-Com. Dig. h. t. "we Vin. Ab. h. t.; the various es can and English Digests, h. t.;.

Phil. Ev. 131; Ham. N. P. $3 265; Chit. Pr. Index, h. t.; Rose. Civ. Ev. h. t.; Stark Ev. h. t.