The Right to Exclude
TRESPASS
Jacque v. Steenberg Homes Inc.
- Facts: Defendant delivered a mobile home across the land of plaintiff, against the express volition of plaintiff.
- History: Trial Court for plaintiff, court overruled and wouldn’t award punitive damages because there were no compensatory damages. Plaintiff appealed. Court of Appeals affirmed. Plaintiff appealed again.
- Issue: Were the lower courts correct in not awarding punitive damages because no compensatory damages were also awarded?
- Holding: No
- Rule: Punitive damages may be awarded in the case of intentional trespass as determined by the court.
- Rationale: The right to exclude is a fundamental right and needs to be upheld.
Maguire v. Yanke
- Facts: Defendants cattle broke through defendants pasture fence and destroyed the alfalfa crop of plaintiff.
- History: District court for plaintiff, award actual damages but no punitive damages.
- Issue: Can a livestock owner be held liable for damages caused by his livestock to an unfenced area in an open range?
- Holding: No
- Rationale: Idaho is an open range state, herd districts must be formed or fences built. A pseudo-closed range is not actual legal area.
- Rule: Livestock owner is not liable in an open range area.
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