The court distinguished the torts of trespass and trover. Trespass is local, but trover is transitory. A claim in trover is made out for the removal of trees when cut down. When standing they are part of the land, and subject to the law of trespass. When cut down, they become chattels, and their removal then becomes the tort of trover.
Judges:
Holt CJ
Citations:
(1708) 11 Mod Rep 181
Jurisdiction:
England and Wales
Torts – Other
Updated: 24 November 2022; Ref: scu.222997
