Keeble v. Hickeringill
Queen's Bench
11 East 574, 103 Eng. Rep. 1127 (1707)
Relevant factsFree
Keeble (plaintiff) owned land where he lawfully set up a decoy pond to lure and capture wildfowl as a profit-making venture. Hickeringill (defendant), who had his own competing decoy pond, fired guns near Keeble's pond on three separate occasions specifically to scare away the gathered wildfowl. The lower court awarded Keeble damages, and Hickeringill moved for arrest of judgment, arguing Keeble never actually possessed the birds he claimed were driven away.
IssueFree
Whether a remedy exists for a property owner whose use of his property for profit is frustrated by the malicious act of another.