Thursday, September 11, 2008

Ploof v. Putnam

Ploof v. Putnam
81 Vt. 471, 71 A. 188 (1908)

Facts: A storm came up on Lake Champlain, and the plaintiff moored his boat on the defendant's dock. The defendant through his servant unmoored the boat, which destroyed the boat and harmed the plaintiff and his family. Plaintiff claims that necessity made his mooring not a trespass, and that defendant shouldn't have unmoored him.

Procedure: Not clear.

Issue: Was there a trespass?

Holding: No, so the unmooring was therefore not a defense of property.

Reasoning: Necessity, especially to preserve lives, certainly allows people to pass onto a property without trespass.

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