Odger's English Common Law

460 TRESPASS TO GOODS.
A man will be liable for trespasses to the goods of another
committed by bis servants or agents in the ordinary course of
their employment, and even in some cases by his animals,
which are or ought to be under his control. 1
Thus, where the defendants' horse injured the plaintiff's mare by biting
and kicking her through the fence separating the plaintiff's land from the
defendants', it was held that there was a trespass by the act of the defen-
dants' horse, for which the defendants were liable, apart from any question
of negligence on the part of the defendants. 2
But where A., the owner of land, contracts with B. to erect buildings
upon it, and B.'s workmen carry away materials belonging to the owner of
the adjoining land, A. will not be liable, unless he in some way authorised
the tortious act. 3
Where permanent injury is done to any goods by the
trespasser, any person who has a reversionary interest in the
goods may sue at once to recover damages for this injury
a fortiori, if the goods be destroyed ; but such action is not
an action of trespass. 4
Suppose that A. borrows a bicycle from his friend B. for a day's excursion
into the country. Through no fault of his A. is knocked down by a motor
car and the bicycle is smashed to pieces. Here A. no doubt has an action
for any physical injuries he may have sustained, and also perhaps for the
loss of his day's holiday. He can also claim the full value of the bicycle
from the motorist, even though he would have had a good answer to an
action brought by B. for the value of the bicycle. 5 B. can also sue the
motorist for the value of the bicycle, though of course the latter cannot be
made to pay twice over.
When the plaintiff has thus proved a prima facie case, it
will be for the defendant to justify his act of trespass, if he
can. He may be able to show that the goods in question
were wrongfully upon his premises, and that he was there -
fore entitled to remove them. Thus, if the plaintiff's cattle
had strayed on to the defendant's land and done damage there,
he might distrain them as cattle damage feasant. But he
1 See post, pp. 509, 510 ; and 28 & 29 Vict. o. 60.
2 Ellis v. Loftus Iron Co. (1874), L. K.. 10 C. P. 10 ; and see Lee v. Riley (1865),
18 C. B. N. S. 722.
8 Gayford v. Nicholls (1854), 9 Exch. 702.
4 Tancred v. Allgood (1859), 28 L. J. Ex. 362 ; Lancashire Waggon Co.