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:
“Do not judge, so that you may not be judged. For with the judgment you make you will be judged, and the measure you give will be the measure you get.”
—Bible: New Testament, Matthew 7:1,2.
Jesus.
“In sorrow thou shalt bring forth children; and thy desire shall be to thy husband, and he shall rule over thee.”
—Bible: Hebrew Genesis 3:16.
God’s judgment on Eve.
“In my state, on the basis of the separate but equal doctrine, we have made enormous strides over the years in the education of both races. Personally, I think it would have been sounder judgment to allow that progress to continue through the process of natural evolution. However, there is no point crying about spilt milk.”
—Lyndon Baines Johnson (1908–1973)