Herrin v. Sutherland Case Brief

Summary of Herrin v. Sutherland, Supreme Ct of MO, 1925

Facts: D hunts ducks by standing on someone else land and is shooting over P’s land. There are no bullets that land on P’s land.

Issue: Whether D is guilty of trespass ?

Ct’s decision: Yes. Firing over another’s land, interfered w/ the “ quiet, undisturbed, peaceful enjoyment.

Rule: Whoever owns the land possesses all the space downwards as well as upwards to an indefinite extent; such is the maxim of law.



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