The Thorns Case Y.B. Mich.

6 Ed. 4, f. 7, pl. 18 (1466)

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Nature of the Case

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Facts

D owned a piece of property next to the P's land. D was cutting down thorns on his property. These thorns fell into the P's field. While trying to retrieve the thorns, D caused damage to P's crops. P sued D for trespassing onto his land and trampling his crops. D claimed that P did not have an action because D was justified in trespassing so he could clean up his thorns and that D could only commit a tort if he committed a crime.