By Cory Bilton
- Court: DC Court of Appeals
- Date of Decision: 3/26/15
- Appellate Panel: Fisher, Beckwith, and King
- Trial Judge: Epstein
Facts: Plaintiff was injured climbing a fence, which was intentionally coated in grease, while trying to retrieve his dog.
(a) Whether intentionally greasing a fence rail to deter trespassers from entering the land is sufficient evidence to show intent to injure trespassers?
(b) Was plaintiff’s entry upon defendant’s property privileged or a trespass when he entered to pursue his escaped pet dog?
(a) The existence of the grease alone is insufficient evidence to prove the Defendant intended to injure trespassers.
(b) A person may enter upon the land of another to prevent serious harm to his chattels, so long as his entry is reasonable under the circumstances. A jury may have found the Plaintiff’s entry on Defendant’s land was therefore privileged so that he could retrieve his dog.
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