Judgment
Chief Justice Holt held that an action of Trespass on the case did lie, because every person has the right to put his property to use for his own pleasure and profit. If Hickeringill had built a decoy on his own land near Keeble’s meadow to draw away ducks (which, in fact, he had done previous to the construction of Keeble's own decoy and may have lent some cause as to Hickeringill's harassing actions), no action could be taken, because Hickeringill would have just as much right to set up a decoy on his own property as Keeble does on his. But, Hickeringill actively disturbed the ducks on Keeble's land, thereby causing damages in that,
"he that hinders another in his trade or livelihood is liable."
Furthermore, Keeble had gone through the expense of setting up the decoy and nets, and to allow Hickeringill to disturb the profitable use of the land was bad for commerce. When a person hinders another’s use of his own property for profit, it is actionable, even if there is no physical trespassing. Thus, Justice Holt concluded that
"in short, that which is the true reason for this action is not brought to recover damage for the loss of the fowl, but for the disturbance."
Read more about this topic: Keeble V Hickeringill
Famous quotes containing the word judgment:
“At the crash of economic collapse of which the rumblings can already be heard, the sleeping soldiers of the proletariat will awake as at the fanfare of the Last Judgment and the corpses of the victims of the struggle will arise and demand an accounting from those who are loaded down with curses.”
—Karl Liebknecht (1871–1919)
“A judgment about life has no meaning except the truth of the one who speaks last, and the mind is at ease only at the moment when everyone is shouting at once and no one can hear a thing.”
—Georges Bataille (1897–1962)
“At the end of one millennium and nine centuries of Christianity, it remains an unshakable assumption of the law in all Christian countries and of the moral judgment of Christians everywhere that if a man and a woman, entering a room together, close the door behind them, the man will come out sadder and the woman wiser.”
—H.L. (Henry Lewis)