Case of the Thorns explained

The Case of the Thorns (1466) YB 6 Ed 4, 7a pl 18 is an important historical court case from the King's Bench in common law torts. The English case, which occurred in the 15th century, is the earliest record of a common law court basing its decision on the now fundamental principle of torts: That if an individual suffers (civil) damages at the hand of another, that individual has a right to be compensated.[1]

The case, technically cited as Hulle v. Orynge 1466. Y.B.M. 6 Edw. IV, folio 7, placitum 18., is still widely used in American law schools in introductory tort classes.

Background

The defendant owned a 1-acre farm adjoining the plaintiff's 5 acres, which were separated by a hedge of thorn bush. The defendant was trying to retrieve thorns from a dividing hedge which had fallen onto the Plaintiff's property. In retrieving the thorns the defendant had damaged some of the plaintiffs crops; specifically he "trampled and damaged" the crops. The issue was whether the defendant was liable for trespass.[2]

Rule

Although the decision was divided, the majority held that if a person damages another's property there is a tort even if the action that brought such damages was itself lawful.[3] As Pigot, J states, "And so if a man has a fish-pond in his manor and he empties the water out of the pond to take the fishes and the water floods my land, I shall have a good action, and yet the act was lawful."[4]

Report

This case excerpt was summarised in Bessy v Olliot & Lambert[5] (1681) as follows.

See also

Notes and References

  1. http://www.casebriefs.com/blog/law/torts/torts-keyed-to-epstein/strict-liability-and-negligence-historic-and-analytic-foundations/the-thorns-case/ The Thorns Case
  2. http://lawweb.pace.edu/dld/Torts_Materials/Case_of_the_Thorns.pdf The Case Of The Thorns, Y.B. Mich 6 Ed. 4, f. 7, pl. 18 (K.B. 1466)
  3. http://www.casebriefs.com/blog/law/torts/torts-keyed-to-epstein/strict-liability-and-negligence-historic-and-analytic-foundations/the-thorns-case/ The Thorns Case
  4. Hull v. Orange, Y.B. Mich. 6 Ed. 4, f. 7, pl. 18 (1466)
  5. Bessey v. Olliot & Lambert, T. Raym. 467 (1681).