Dougherty v. Stepp
Supreme Court of North Carolina
18 N.C. 371 (1835)
Relevant factsFree
Dougherty (plaintiff) owned an unenclosed tract of land. He alleged that Stepp (defendant) trespassed by entering the land with a surveyor and chain carriers, surveying it, and claiming it as his own - though Stepp marked no trees and cut no bushes. At trial, the judge instructed the jury that these facts, even if true, did not amount to trespass, and the jury found for Stepp. Dougherty appealed.
IssueFree
Whether an unauthorized entry onto another's land that causes no actual physical damage can support an action for trespass.