DIR Return Create A Forum - Home
       ---------------------------------------------------------
       Kanagaroo Kort
  HTML https://kangarookort.createaforum.com
       ---------------------------------------------------------
       *****************************************************
   DIR Return to: Property
       *****************************************************
       #Post#: 8--------------------------------------------------
       Keeble v. Hickeringill
   DIR By: kangaroo
       Date: January 26, 2011, 6:06 pm
       ---------------------------------------------------------
       FACTS: P owned land with a decoy pond which was used to lure
       wildfowl and D discharged guns on two occasions that drove away
       the fowl that were in the pond.
       2 Threads to this case:
       (1) Property Issue: Wild ducks on Private Land—as property (not
       P’s property, he just has the exclusive right to hunt them)
       PROPERTY RIGHTS CANNOT BE THE BASIS FOR THIS CASE
       (2)  Tort Issue:
       -  What interest protected here?
       -  From what type of invasion—under tort law?
       *  Keeble was going to profit from the ducks so D was
       interfering with his profits (interference with prospective
       economic claim)
       -  What interest is NOT protected under tort law?
       Constructive Possession
       Implicit in the notion of land ownership is the right to exclude
       others from let’s say hunting wild animals on your land
       PROCEDURE: SJ/P
       ISSUE: Was the disturbance of P and the driving away of the
       wildfowl by D unlawful?
       RULES:
       -
       occupation, profession, or way of getting a livelihood, there an
       action lies in all cases.
       -
       toll for horses sold: a man is brining his horse to market to
       sell: a stranger hinders and obstructs him from going thither to
       the market: an action lies, because it imports damage
       ANALYSIS: There is great reason to give encouragement thereunto;
       that the people who are so instrumental by their skill and
       industry so to furnish the markets should reap the benefit and
       have their action.
       *****************************************************
       Page 1 of 1