TORTS-USE OF FORCE TO EXPEL TRESPASSERS-DEFENCES

Authors

Abstract

One of the most elementary and fundamental principles of the law of torts is that one in the lawful possession of premises may remove trespassers therefrom, using therefor so much force as is reasonably necessary. This is but a correlative of the right of an owner to have the free and undisturbed possession of his premises. The enunciation of this universally accepted rule furnishes a starting point, or basis, for an answer to the query, what is reasonable force? There can be no doubt as to the owner's liability for excessive or unreasonable force employed in ejecting a trespasser. Emmons v. Quade, 176 Mo. 22; Palmer v. Smith, 147 Wis. 70; 5 C. J. 632.

Recommended Citation

TORTS-USE OF FORCE TO EXPEL TRESPASSERS-DEFENCES, 23 Mich. L. Rev. 647 (1925).
Available at: https://repository.law.umich.edu/mlr/vol23/iss6/9