The Thorns Case – Case Brief
The Thorns’ Case, Y.B. 6 Edw. 4, 7, pl. 18 (1466).
Facts: D was cutting down thorns on his property which landed on P’s property. D damaged P’s crops when he tried to retrieve the thorns. P sued D for trespass and for damages related to his trampled crops. D defended on the grounds that P did not have a cause of action because D was justified in trespassing.
Issue: Is a party liable for unintentional damages arising from an intentional act?
Holding and Rule: Yes. D was liable for trespass. The court held that one who voluntarily does an act that results in damages to another is responsible for the damages even if the act was lawful. Since D’s actions caused P’s damages, he was liable in tort.
Notes: This case demonstrates an example of strict liability for damages related to trespass. The intent to do the act was sufficient. Even if the act is lawful, the party who performs the act is strictly liable for all damages arising from an entry onto the land of another.