81 Vt. 471, 71 A. 188 (1908).
Facts:
- Def. owned island in Lake Champlain
- Plain. w/ wife and 2 kids, were sailing a sloop on the lake when storm hit
- Plain. moored boat on def.'s dock to avoid destruction of boat and protect family from injury
- Def. had servant unmoor boat
- Sloop was destroyed and people on board were injured
- Plain. argued act of unmooring boat was a trespass to it and that def. had duty to permit sloop to remain attached to dock
Issue:
Does unmooring a boat from a dock, which is moored there to protect boat and avoid injury to members on board boat during a storm, constitute a trespass?
Holding: Yes, value life over property.
Reasoning:
- "There are many cases...which hold that necessity...will justify entries upon land and interferences with personal property that would otherwise have been trespasses..."
- Entry upon land to save goods in danger of being lost/destryd by water/fire is not a trespass
Opinions: N/A
Thoughts: privilege of private necessity
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