{
  "id": 8683997,
  "name": "JACOB NEWSOM vs WILLIAM ANDERSON",
  "name_abbreviation": "Newsom v. Anderson",
  "decision_date": "1841-12",
  "docket_number": "",
  "first_page": "42",
  "last_page": "43",
  "citations": [
    {
      "type": "nominative",
      "cite": "2 Ired. 42"
    },
    {
      "type": "official",
      "cite": "24 N.C. 42"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 253,
    "char_count": 3818,
    "ocr_confidence": 0.487,
    "pagerank": {
      "raw": 7.733681088627368e-08,
      "percentile": 0.4547743903215979
    },
    "sha256": "8188203d89e1a00e43837617e336b9606c579584a87b69319f8cd16191220e27",
    "simhash": "1:79eb112adfc3357b",
    "word_count": 701
  },
  "last_updated": "2023-07-14T18:03:08.889044+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "JACOB NEWSOM vs WILLIAM ANDERSON."
    ],
    "opinions": [
      {
        "text": "Daniel, J.\nTo sustain trespass, the injury must in general be immediate, and committed with force, either actual or implied. If the injurious act be the immediate result of the force originally applied by the defendant, and the plaintiff be injured thereby, it is the subject of an action of trespass vi et armis, by all the eases both ancient and modern, and it is immaterial whether the injury be wilful or not. Leame v Bray, 3 East\u2019s Rep. 599 ; 2 Leigh\u2019s N. P. 1402. We think that the charge of the Judge was incorrect, when he said \u201cthat the plaintiff could not recover, unless the tree was designedly or carelessly felled by the defendant, so as to fall on the plaintiff\u2019s land, or that, by falling on the plaintiff\u2019s land, it had fallen on his grass or vegetable growth of some kind.\u201d The ground of the action, Q, C. F. is the injury to the possession, (3 Black. Com. 210; 1 Term R. 480,) and that, whether the injury extends to the plaintiff\u2019s land in the mineral or vegetable kingdom. Is not the felling of trees on a person\u2019s land and encumbering it with rubbish an injury to the possession ? We think it is. Where a master ordered his servant to lay down a quantity ojf rubbish near his neighbor\u2019s wall, but so that it might not touch the same, and the servant used ordinary care in executing the orders of his master, but some of the rubbish naturally ran from the pile against the wall, it was held that the master was liable in trespass. Gregory v Piper, 17 Eng. C. L. Rep. 454.\nWe are of the opinion that there must be a new trial.\nPer Curiam. New trial awarded.",
        "type": "majority",
        "author": "Daniel, J."
      }
    ],
    "attorneys": [
      "J T. Morehead for the plaintiff,",
      "No counsel appeared for the defendant in this Court."
    ],
    "corrections": "",
    "head_matter": "JACOB NEWSOM vs WILLIAM ANDERSON.\n^ an \u201cjury to another be immediate, and committed with force, either actual or implied, it is the subject of an action oi trespass vi et armis, whether the injury be wilful or not.\nWhere a person was cutting down trees growing on his own land, and one of them accidentally fell on his neighbor\u2019s land, held, that an action of trespass quare clausum fregit would lie, whether there was any grass or other vegetable matter growing on the ground or not.\nThis was an action of Trespass m et armis quare clausum fregit, tried at the Fall Term, 1841, of Stokes Superior Court, before his Honor Judge Nash. The plaintiff and the defendant were owners of contiguous tracts of land. In clearing near the dividing line, a tree cut on the defendant\u2019s land fell with part of the top on the land of the plaintiff. There was no evidence to show that the tree was felled by design or carelessness on the plaintiff\u2019s land : nor was there any evidence to show that when the tree fell there was any grass or vegetable growth of any kind, or that any actual injury was sustained by the land. The counsel for the plaintiff requested the Court to- charge the Jury, that when a man, in clearing his land, fells a tree so- that any part of it falls on his neighbor\u2019s land, it is a trespass for which an action of trespass quare clausum fregit can be sustained. The Court declined giving the instructions as prayed for, but charged the- Jury that every voluntary entry on the land of another, without his consent, and not sanctioned by the law, was a trespass for which an action could be brought \u2014 that in this case the plaintiff could not sustain his action, unless they were-satisfied from the evidence that the tree was designedly or carelessly felled by the defendant so as to fall on the plaintiff\u2019s land, or that, by falling on the plaintiff\u2019s land, it had fallen on his grass or vegetable growth of some kind. There was a verdict and judgment for the defendant, and the plaintiff appealed.\nJ T. Morehead for the plaintiff,\ncited Rev. Stat. c. 31. s 83; Dougherty v Stepp, 1 Dev. and Bat. 371; Gregory Piper, 17 Eng. C. L. R. 454; Baker v Berkeley, 14 Eng. C. L. R. 197.\nNo counsel appeared for the defendant in this Court."
  },
  "file_name": "0042-01",
  "first_page_order": 42,
  "last_page_order": 43
}