The rule against trespassing upon another's land has been carried to such an extreme, that it has been held that if a person, who is mowing his own field, allows his blade to cut through into another field, he is liable in an action of trespass.3

The extent of this principle is well illustrated by the decision in one of the early leading cases on this point, known as the Case of the Tithes.4 In this case a person was held liable in trespass who entered a field where the parson's tithes had been marked off and took them to one of the parson's barns. The defense in the case was that the grain was in danger of being eaten by cattle which were straying in the field; the judges disposed of this contention by saying that if the cattle had eaten the grain the parson would have had a right of action against the owner of the cattle, holding, in a dictum, that if the danger had been from fire or flood, the defense set up in the case would have been a valid one, for in such a case there would not have been a right of action against anyone on account of the destruction.

1 "No man can set his foot upon my ground without my license but he is liable to an action." Entick vs. Carington, 19 How. St. Tr., 102.

2 See subject of Common Law Pleading, Volume XI, Subject

34. 3 Hicks vs. Paling, Mo. K. B., 297. 4 1 Y. B., 21 Henry VII, 27 pl. 5.

(1507).

Hunting upon the land of another is a trespass;5 as is also an entry upon another's land to recover personal property which has come upon such land by the fault, or with the consent of the owner,6 of such personal property. The improper use of a highway may also constitute a trespass.7 Illustrations of trespassess might be added indefinitely. The forms which a trespass against realty may take are so numerous and divergent as to render any classification thereof, an impossibility.