Herrin v. Sutherland
Montana Supreme Court
241 P. 328 (1925)
Relevant factsFree
Sutherland (defendant), while hunting ducks and migratory birds, repeatedly fired his shotgun at birds flying over Herrin's land. Herrin sued for trespass; Sutherland unsuccessfully demurred and then failed to answer the complaint, resulting in a default judgment, and the court awarded Herrin only nominal damages at Herrin's own recommendation. Sutherland appealed.
IssueFree
Whether a party may be held liable for trespass for interfering with the enjoyment of another's land by shooting over it, without physically touching the actual ground surface.