QUASI-CONTRACTS - USE AND OCCUPATION - RECOVERY OF BENEFITS RECEIVED BY A TRESPASSER

Authors

Walter Probst Jr., University of Michigan Law SchoolFollow

Abstract

The defendant had discovered and developed by considerable advertising the Great Onyx Cave in Kentucky. After a survey ordered in an earlier equity proceeding it was discovered that one-third of the cave was under plaintiff's land. The only opening was upon defendant's land. Through this opening had entered a large number of visitors who had paid the defendant admission fees for the privilege. Held, plaintiff could recover in assumpsit one-third of the net profits earned by the defendant from the cave. Edwards v. Lee's Admr., (Ky. 1936) 96 S. W. (2d) 1028.

Recommended Citation

Walter Probst Jr., QUASI-CONTRACTS - USE AND OCCUPATION - RECOVERY OF BENEFITS RECEIVED BY A TRESPASSER, 35 Mich. L. Rev. 1190 (1937).
Available at: https://repository.law.umich.edu/mlr/vol35/iss7/22