Thomas v. Harrah's Vicksburg Corp.
Mississippi Court of Appeals
734 So.2d 312 (1999)
While building a casino on a lot next to C.N. Thomas's (plaintiff's) store, Surplus City, U.S.A., Inc. (plaintiff), Harrah's Vicksburg Corporation and its contractor W.G. Yates & Sons (defendants) admitted they regularly entered the Surplus property during construction despite erecting scaffolding to try to avoid it, testifying trespass was essentially inevitable given the project's proximity to the property line. The trial court found for the plaintiffs, and the defendants appealed, arguing plaintiffs needed to prove negligence to prevail.
Whether common law trespass is an intentional intrusion upon the land of another for a defendant's own purpose without a license, privilege, or other right.